Stewart v. Hoosier Casualty Co.

Defendant, a corporation, appeals on questions of law from a judgment of the Municipal Court of Ashtabula, entered for the plaintiff at the close of her case in her action to recover for disability resulting from an operation for a fibroid tumor of the uterus performed upon her during the effective period of an “ordinary health and accident policy,” issued to her, for a consideration, by defendant. Defendant disclaimed liability for this disability, under an illness indemnity exemption clause thereof; under which the claim was made, on the ground that plaintiff’s disability resulted from a…