Nelson v. Washington Fidelity National Insurance

While plaintiff herein was the holder .of what is commonly called a health and accident policy with Washington Fidelity National Insurance Company of Illinois, she became ill.

It appears from the evidence that on January 28, 1932, plaintiff by reason of a paralytic strobe, was completely incapacitated and was taken to the Scotia Hospital at Scotia, Humboldt County, a regularly incorporated and licensed hospital, where she remained until the fourteenth day of February, 1932, when she was removed to her home, where she had remained up to and including the date of the trial of the action, confined to her home in bed. Appellant insurance company demurred to the complaint upon the grounds it did not state a cause of action under the contract of insurance, that the court had no jurisdiction of the subject of the action, and that the action was prematurely brought.

The policy which was issued to plaintiff December 15, 1930, and upon which she had made the necessary payments to keep the same in force, contained various provisions, but we are most vitally concerned with paragraphs D and E. The essential requirement of paragraph D is that the insured, in order to be entitled to the…