Atkinson v. American Hospital & Life Insurance Co.

YOUNG, Justice.

Appellant’s "suit was upon a contract denominated “Hospital Insurance Policy” for hospital and surgical benefits specified therein, following a hysterectomy (removal of uterus), undergone more than two years after date of policy — May 1, 1950. Defendant Company denied liability, tendering premiums paid; alleging fraudulent representations made in application for the policy with respect to a pre-existing tumor; and, upon jury answers to issues submitted, the court rendered judgment adverse to plaintiff from which this appeal is taken.

The contract was one from month to month,…