Opinion
January 15, 1954.
Appeal from the Circuit Court of Pike County, Jean L. Auxier, J.
V.R. Bentley, Pikeville, for appellants.
Hobson Scott, Pikeville, for appellee.
The appellants instituted this action against the appellee to recover some $700 on a medical benefits and accident policy. The insuring clause of the policy contained the following exclusion provision:
"(b) resulting from sickness which originates while this policy is in effect and more than fifteen days after the date hereof, hereinafter referred to as such sickness; * * *."
The trial judge gave a peremptory instruction in favor of the appellee because the operation showed that Mrs. Hall's disease was one which could not have originated much less than a year before the policy was issued. We think that ruling was correct.
Judgment affirmed.