Burk v. Mutual Benefit Health & Accident Ass'n

I respectfully dissent from the majority opinion in this case written by Judge C. S. Carney, Jr. of the Western Section of this Court, as well as from the concurring opinion by Judge Thomas A. Shriver of the Middle Section, who sat in Place of Presiding Judge J. B. Avery, Sr. of the Western Section.

Aside from the fact that, in my opinion, the language of the policy here involved is clear and unambiguous so that the rule of construction which .resolves ambiguities against the Insurance Company is never reached, the overwhelming weight of authority in the United States has decided the question…