LEGG v. MUTUAL BENEFIT H. & A. OF OMAHA

Docket Nos. 20687, 20952.

136 Cal.App.2d 887 (1955)

289 P.2d 550

LEONA ETHEL LEGG, Plaintiff and Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT OF OMAHA (an Association), Defendant and Appellant. LEONA ETHEL LEGG, Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT OF OMAHA (an Association) et al., Respondents.

Court of Appeals of California, Second District, Division Two.

November 10, 1955.


Attorney(s) appearing for the Case

Leona Ethel Legg, in pro. per., for Plaintiff and Appellant in No. 20687 and Appellant in No. 20952.

J. Edward Haley for Defendant and Appellant in No. 20687 and Respondents in No. 20952.


FOX, J.

Defendant appealed from an order granting a motion for a new trial. Plaintiff thereupon appealed from the judgment. (There is another appeal by plaintiff which will be discussed later.)

Plaintiff brought this action to recover monthly disability benefits under a health and accident policy issued to her by defendant on November 7, 1944. Plaintiff alleged that on February 6, 1947, while the policy was in force, she fell in

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