Cimino

Defendant insurance company appeals from a judgment for plaintiff for hospital and surgical expenses incurred by plaintiff’s son, Prospero Cimino, in an action on a policy insuring plaintiff and members of his family for costs of hospitalization and surgical treatment. The policy took effect March 11, 1958, and contained a clause limiting the coverage to hospital confinement “resulting from sickness the cause of which originates while this policy is in force and more than fifteen (15) days after the effective date hereof. ...” Prospero was hospitalized from May 22 to July 2, 1958, during which time he underwent surgery for osteomyelitis. The action was defended on the ground that the sickness for which he was hospitalized preexisted the date of the policy. Defendant contends that there is no substantial evidence to support the finding that the sickness did not originate prior to 15 days after the effective date of the policy.

On May 17, 1958, Prospero had experienced a high fever, a sharp pain in his right hip, and was unable to straighten out his right leg. He was examined by a doctor on May 20 and was sent to the hospital on May 22. He testified that over a period of two years…