THOMPSON v. COM'L INS. CO. OF NEWARK, N.J.

No. 49175.

344 So.2d 135 (1977)

W. Karl THOMPSON v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY.

Supreme Court of Mississippi.

March 30, 1977.


Attorney(s) appearing for the Case

Charles R. Wilbanks, Corinth, for appellant.

Price & Krohn, James E. Price, Corinth, for appellee.

Before PATTERSON, P.J., and ROBERTSON and BROOM, JJ.


BROOM, Justice, for the Court:

Preexistence of an illness or sickness was the ground upon which the trial judge by peremptory instruction exonerated Commercial Insurance Company of Newark, New Jersey (appellee) from liability upon its medical insurance policy. The Alcorn County Circuit Court ruled that no jury issue was raised because the insured child's "symptoms have existed ever since shortly after the child was born... ." We reverse.

FACTS: The policy...

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