Union Trust Life Insurance v. Superior Court

This is a proceeding in mandamus to compel the Superior Court of the County of Ventura to vacate and set aside its order denying a motion for change of venue and to order a change of venue to Los Angeles County.

Petitioner is the defendant in an action filed in Ventura County by Ronald S. Rowe and Eileen V. Rowe in November 1966 based upon a “Hospital, Nurse, Medical and Surgical Expense Policy” of insurance issued by petitioner to plaintiffs in June 1963. It is alleged in the complaint that on or about March 25, 1965, Eileen V. Rowe was admitted to Glendale Sanitarium & Hospital for surgery; that she remained in said hospital until May 6, 1965, at which time she was discharged; that during the alleged hospitalization, plaintiffs incurred hospital and doctor bills in the total sum of approximately $6,969.45; that said defendant should indemnify plaintiffs under said policy for said sum which they seek to recover from petitioner in the lawsuit. The principal defense is that the aforementioned hospitalization of Eileen V. Rowe was precipitated by a sickness which was incurred prior to the issuance of the policy in question and therefore was not covered by the provisions of the…