BENDER v. TIME INS. CO.

Civ. No. 9636.

286 N.W.2d 489 (1979)

Jack D. BENDER, Plaintiff and Appellant, v. TIME INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 10, 1980.


Attorney(s) appearing for the Case

Gary R. Wolberg, of Fleck, Mather, Strutz & Mayer, Ltd., Bismarck, for plaintiff and appellant.

Leonard H. Bucklin, of Zuger & Bucklin, Bismarck, for defendant and appellee.


VANDE WALLE, Justice.

Jack D. Bender appeals from a summary judgment granted defendant Time Insurance Company ("Time"). We affirm in part and reverse in part and remand.

Time issued a medical insurance policy to Bender on December 13, 1972. In April of 1973, Bender had a general medical examination and it was found that he had moderately severe internal hemorrhoids. Bender filed a claim with Time for payment of the April 1973 examination and subsequent examinations...

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