SMITH v. MUTUAL BENEFIT HEALTH & ACC. ASS'N

No. 39,006

175 Kan. 68 (1953)

258 P.2d 993

JAMES BARCLAY SMITH, JR., Appellant, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1953.


Attorney(s) appearing for the Case

Howard F. McCue, of Topeka, argued the cause, and was on the briefs for the appellant.

George M. Brewster, of Salina, argued the cause, and Lester M. Goodell, Margaret McGurnahan, and Frederick A. Mann, all of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This was an action to recover accident benefits under the terms of a health and accident insurance policy. The appeal is from an order and judgment sustaining a demurrer to plaintiff's third amended petition and rendering judgment against him for costs.

Plaintiff who was carrying health and accident insurance with the defendant sustained accidental injuries at a time when the policy of insurance...

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