LYNCH, J.
Plaintiff, appellant herein, is appealing the decision of the trial court sustaining the motion of defendant, appellee herein, to dismiss plaintiff's complaint because it failed to state a claim upon which relief could be granted.
Plaintiff's amended complaint is for declaratory judgment on his policy with defendant providing for benefits of $50 per week for loss of time caused by accident or sickness. He alleges that he fell on February 12, 1969...
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