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BISHOP v. CAPITOL LIFE INS. CO.

No. 47,803

218 Kan. 590 (1976)

545 P.2d 1125

JACK BISHOP, Appellant, v. THE CAPITOL LIFE INSURANCE COMPANY, et al., Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1976.

Attorney(s) appearing for the Case

George E. Grist, of Grist & Bush, of Wichita, argued the cause and was on the brief for the appellant.

John W. Jordan, of Learned, Craig & Foley, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

In this action the plaintiff-appellant, Jack Bishop, seeks to recover disability benefits allegedly due him under a health and accident insurance policy issued by the defendant-appellee, Capitol Life Insurance Company (hereinafter referred to as Capitol). Capitol denied coverage on the ground the disease which caused the disability was in existence prior to the effective date of the policy. The jury found...

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