BENSON v. BANKERS LIFE AND CASUALTY CO.

No. 19398.

362 P.2d 1039 (1961)

Floyd S. BENSON, Plaintiff in Error, v. BANKERS LIFE AND CASUALTY CO., a Corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

July 3, 1961.


Attorney(s) appearing for the Case

David B. Richeson, Denver, for plaintiff in error.

Weller, Friedrich & Hickisch, William H. Hazlitt, Denver, for defendant in error.


DOYLE, Justice.

The parties will be referred to as they appeared in the trial court where plaintiff in error was plaintiff and Bankers Life and Casualty Company was defendant. The action sought recovery on a policy of health or medical payment insurance issued March 4, 1958 whereby defendant agreed to pay medical expenses in consideration of the payment by plaintiff of monthly premiums.

The claim alleges that in November of 1958 plaintiff underwent operations...

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