INTER-OCEAN INS. CO. v. ENGLER


632 S.W.2d 459 (1982)

INTER-OCEAN INSURANCE COMPANY, Cincinnati, Ohio, Appellant, v. Erlene ENGLER, Executrix of Ray Engler, Deceased, Appellee.

Court of Appeals of Kentucky.

February 26, 1982.


Attorney(s) appearing for the Case

J. Granville Clark, J. Gran Clark, Jr., Russellville, for appellant.

Jesse L. Riley, Jr., Russellville, for appellee.

Before GUDGEL, McDONALD and WILHOIT, JJ.


GUDGEL, Judge:

In this appeal we are asked to interpret the phrase "first manifesting itself" used in an exclusion clause in a health insurance policy. Such clauses usually deny coverage for treatment if a disease "first manifests itself" less than a specified period of days after the policy's issuance. In this case, the trial court found that no genuine issue of material fact existed as to whether the insured's cancer first manifested itself more than ninety days...

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