MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. COHEN

No. 14215.

194 F.2d 232 (1952)

MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. COHEN.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 11, 1952.


Attorney(s) appearing for the Case

Henry I. Eager and Henry G. Eager (both of Blackmar, Newkirk, Eager, Swanson & Midgley), both of Kansas City, Mo., Philip E. Horan, Omaha, Neb., of counsel, for appellant.

Myer M. Rich and Isadore Rich (both of Rich & Rich), both of Kansas City, Mo., for appellee.

Before STONE and COLLET, Circuit Judges, and DELEHANT, District Judge.


STONE, Circuit Judge.

This is an appeal by defendant from a judgment in consolidated1 actions, on an accident and health policy, for sick benefits.

As issued in 1928, the policy provided monthly payments for the duration of disability resulting from disease. October 30, 1942, insured and the company executed jointly a rider to the policy. This rider limited monthly payments for illness and total accident liability to a maximum...

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