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MOODY v. AMERICAN FIDELITY ASSURANCE CO.

No. 5-5952.

481 S.W.2d 700 (1972)

David MOODY, By Noah MOODY, His Next Friend, Appellant, v. AMERICAN FIDELITY ASSURANCE COMPANY et al. Appellees.

Supreme Court of Arkansas.

June 19, 1972.

Attorney(s) appearing for the Case

Laws & Schulze, Russellville, for appellant.

Williams & Gardner, Russellville, Barber, Henry, Thurman, McCaskill & Amsler, by Austin McCaskill, Little Rock, for appellees.

BYRD, Justice.

This is an action by Noah Moody as next friend of his minor son David Moody, a newspaper delivery boy, to recover upon a policy issued by appellee American Fidelity Assurance Company to appellee Arkansas Democrat Company, a corporation, pursuant to Ark.Stat.Ann. § 81-716 (Supp. 1971). With reference to medical coverage that statute provides:

"... and this hospital and medical expense protection shall be excess insurance coverage or indemnity...

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