COLORADO LIFE CO. v. STEELE

No. 11289.

101 F.2d 448 (1939)

COLORADO LIFE CO. v. STEELE.

Circuit Court of Appeals, Eighth Circuit.

February 2, 1939.


Attorney(s) appearing for the Case

R. H. Walker, of Denver, Colo., and W. V. Tompkins, Charles H. Tompkins and D. L. McRae, Jr., all of Prescott, Ark., filed for appellant.

W. F. Denman, of Prescott, Ark., and Tom W. Campbell, of Little Rock, Ark., filed for appellee.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.


GARDNER, Circuit Judge.

This is an action brought by appellee as plaintiff below to recover on a health and accident policy. We shall refer to the parties as they appeared below. The policy bears date October 5, 1934, and contains, among others, the following provisions:

"Part Four — Sec. (A) Confining Sickness: If, as a result of sickness of the Insured he be so disabled as to be necessarily and continuously confined within the house and therein regularly...

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