HOBSON v. MUTUAL BENEFIT H. & A. ASSN, INC.

Docket No. 14396.

99 Cal.App.2d 330 (1950)

221 P.2d 761

IVAN B. HOBSON, Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, INC., Respondent.

Court of Appeals of California, First District, Division One.

September 5, 1950.


Attorney(s) appearing for the Case

Robert E. Nisbet for Appellant.

Horace T. Beverly and Leonard S. Lurie for Respondent.

Fred N. Howser, Attorney General, T.A. Westphal, Jr., Deputy Attorney General, Harold B. Haas, Deputy Attorney General, for Wallace K. Downey, Amici Curiae on behalf of State Insurance Commissioner.


BRAY, J.

In an action upon a health and accident insurance policy issued by defendant to plaintiff and tried before a jury, the jury found in favor of plaintiff in the sum of $3,730. Plaintiff appealed, on the ground that the amount awarded was less than he was entitled to under the terms of the policy.

QUESTIONS PRESENTED

Were the terms of the policy ambiguous and hence extrinsic evidence should have...

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