Sitzman v. John Hancock Mutual Life Insurance Co.

This is an action by an insured for dismemberment benefits under a group insurance policy. Judgment was rendered for defendant after the court sustained a demurrer to plaintiff’s complaint on the ground it failed to state a cause of action. The plaintiff appeals.

Plaintiff, an insured and minor dependent of Deane D. Sitzman, was injured in a vehicular collision. He submitted a claim to defendant which was denied. Plaintiff commenced this action under the dismemberment clause of the policy alleging:

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“IV.

“Under the terms of said policy Defendant insured dependents of Deane D. Sitzman against the…