Olen G. Green v. Mutual Benefit Health

MERRILL, Justice. Appeal from a judgment for appellee resulting from the giving of the peremptory affirmative charge for defendant
by the trial court. Appellant sued appellee for $1,200 on a policy of insurance wherein appellee agreed to pay appellant $200 per month for each
month that appellee was totally and continuously disabled. Appellee filed a special plea showing that the policy provided
that the sickness for which it furnished coverage specifically excluded 'heart trouble' unless it was contracted more than
six months after the policy date, which was April 12, 1955. The plea further showed that appellant became sick on August 22,
1955, with a coronary occlusion, which was 'heart trouble,' within six months of April 12.