Buckner v. American National Insurance

Felton, Chief Judge.

In order to affirm the judgment granting the defendant’s motion for summary judgment, it must appear as a matter of law from the pleadings and evidence that the sickness (es) or disease (s) which constituted the basis of the plaintiff’s claims “first manifested itself” (or themselves) prior to the commencement of coverage under the policy.

With respect to the claim arising out of the removal of the polyp, the question is thus presented as to when the polyp “first manifested itself.” Webster’s New International Dictionary (unabridged), 2d Ed., defines “manifest” as follows:…