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KNAPP v. INDEPENDENCE LIFE AND ACCIDENT INS. CO.

No. 12054.

118 S.E.2d 631 (1961)

Dennis R. KNAPP v. INDEPENDENCE LIFE AND ACCIDENT INSURANCE COMPANY.

Supreme Court of Appeals of West Virginia.

Decided March 7, 1961.

Dissenting Opinion March 16, 1961.

Rehearing Denied May 9, 1961.

Attorney(s) appearing for the Case

Campbell, McNeer, Woods & Bagley, Selden S. McNeer, Jr., Huntington, for plaintiff in error.

Lane & Preiser, John J. Lane, Charleston, for defendant in error.

HAYMOND, President.

In this action of assumpsit, instituted in the Circuit Court of Kanawha County in July 1959, the plaintiff, Dennis R. Knapp, seeks a recovery from the defendant, Independence Life and Accident Insurance Company, a corporation, in the sum of $2,698.30 for necessary surgical, medical and hospital expenses incurred by the plaintiff in an effort to effect the cure of his wife who had contracted the disease of cancer. The plaintiff alleged in his declaration...

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