Nichols v. NO. AMER. EQUITABLE LIFE ASSUR. CO.

This is an appeal from a partial summary judgment granted by the Circuit Court of Jefferson County in favor of the defendant, North American Equitable Life Assurance Company, Inc.

William E. Nichols purchased a group major hospital, surgical and medical insurance policy from North American Equitable Life Assurance Company, Inc. (hereinafter "North American"), effective as of November 1, 1981.

In November of 1982, Nichols was admitted to a hospital, where arthroscopic surgery was performed on his right knee. After his hospitalization, Nichols filed a claim with North American under the insurance…