MINEAR v. BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES

No. 37,855

169 Kan. 199 (1950)

218 P.2d 244

LOYD W. MINEAR, Appellee, and Cross-Appellant, v. BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES, a corporation, Appellant, and Cross-appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1950.


Attorney(s) appearing for the Case

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder and Lee E. Weeks, all of Kansas City, were with him on the briefs for appellant and cross-appellee.

H.S. Roberts, of Kansas City, and Robert L. Robertson, of Kansas City, Mo., argued the cause, and were on the briefs for appellee and cross-appellant.


The opinion of the court was delivered by

PRICE, J.:

The ultimate question in this case concerns the liability of defendant insurance company under the provisions of a health and accident policy issued to plaintiff.

The policy, which provided for payment of $80 per month for a period not exceeding eighteen months for disability due to illness, was dated November 13, 1944. In the spring of 1946 plaintiff made...

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