PHILLIPS v. PRUDENTIAL INSURANCE CO. OF AMERICA

1 Div. 564.

233 So.2d 480 (1970)

James F. PHILLIPS v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, A Mutual Life Insurance Company.

Supreme Court of Alabama.

April 2, 1970.


Attorney(s) appearing for the Case

Collins, Galloway & Murphy, James H. Lackey, Mobile, for appellant.

Thornton & McGowin, Mobile, for appellee.


HARWOOD, Justice.

The appellant sought recovery under a family hospital insurance policy. Demurrers to the complaint as amended being overruled, the defendant filed a plea and answer setting up an exclusion provision in the policy which appellee-insurer averred would prevent recovery on the policy.

The cause was submitted to the court sitting without a jury on a stipulation of facts. Thereafter, the court rendered a judgment for the defendant and this appeal...

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