Watson v. Reserve National Insurance Co.

OPINION

McDONALD, Chief Justice.

This is an appeal from the trial court’s overruling plaintiff’s motion to reinstate a cause from which plaintiff had taken a voluntary nonsuit.

Plaintiff Watson, individually and as Independent Executor of the Estate of his deceased wife, sued defendant insurance company on a contract of hospitalization insurance carried by his deceased wife.

In February 1982 plaintiff’s counsel sought to take depositions of certain of defendant’s witnesses, and the question of whether the defendant would raise Article 3716 VATS (Dead Man’s Statute) as an objection during the…