I. Whitney Smith v. Idaho Hospital Service

Appellant commenced this action seeking to recover from respondent, a hospital and medical service corporation, benefits allegedly payable under a subscriber's certificate issued by respondent. The basic facts were stipulated by the parties as follows: Appellant, together with each member of his family living in his household, including his stepdaughter, Linda Gay Fuller, a minor, was on April 16, 1963, a subscriber under a certificate issued by respondent and in force on that date, under which certain benefits for hospitalization, surgery and ambulance service were provided for them. The certificate also contained the following provisions under Article II entitled ""Limitations and Exclusions,"" to-wit: