ERWIN v. UNITED BENEFIT LIFE INSURANCE COMPANY

No. 6865.

371 P.2d 791 (1962)

70 N.M. 138

David W. ERWIN, Plaintiff-Appellant, v. UNITED BENEFIT LIFE INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

May 22, 1962.


Attorney(s) appearing for the Case

Robert W. Ward, Lovington, for appellant.

Schauer & Stiff, Roswell, for appellee.


CHAVEZ, Justice.

This is an appeal by David W. Erwin, plaintiff in the court below, from a summary judgment in favor of defendant-appellee, United Benefit Life Insurance Company.

Appellant's complaint filed November 12, 1959, alleged that appellee had issued its insurance policy on November 17, 1949, insuring appellant or any dependent named in the schedule, if they became afflicted with definitely diagnosed poliomyelitis and other diseases set out in the...

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