Legal Security Life Insurance Co. v. Allen

RENFRO, Justice.

Plaintiff Allen sued Legal Security Life Insurance Company to recover benefits under a hospitalization and surgical indemnity insurance policy for expenses incurred by reason of surgery and hospital care for plaintiff’s wife. From an adverse judgment the defendant appealed.

On May 11, 1960, the following surgery was performed on Mrs. Allen: appendectomy, uterine suspension, salpingectomy, posterior repair.

Defendant denied liability by reason of sub. (3) of Sec. 2 of the policy under “Limitations and Exclusions”, which reads: “ * * * loss or disability incident to which any of…