MUTUAL HOSPITAL INSURANCE, INC. v. KLAPPER

No. 272A93.

288 N.E.2d 279 (1972)

MUTUAL HOSPITAL INSURANCE, INC., Appellant (Defendant below), v. Morris L. KLAPPER and Marietta Klapper, Appellees (Plaintiff below).

Court of Appeals of Indiana, Second District.

October 30, 1972.


Attorney(s) appearing for the Case

Kothe, Shotwell, Claycombe, Hendrickson & Kortepeter, Robert A. Claycombe, Indianapolis, for appellant.

Morris L. Klapper, Indianapolis, for appellee.


BUCHANAN, Presiding Judge.

CASE SUMMARY — This is an appeal from a summary judgment entered in favor of plaintiffs-appellees, Morris L. and Marietta Klapper (Klapper), based on their claim for Blue Cross benefits for a "pre-existing condition" excluded by a health insurance policy issued by defendant-appellant, Mutual Hospital Insurance, Inc. (Blue Cross). We reverse.

FACTS — The facts most favorable to Klapper (appellee) and in support of the...

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