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COMBINED INSURANCE CO. OF AMERICA v. McGILLEN

No. 7223.

316 A.2d 854 (1974)

COMBINED INSURANCE COMPANY OF AMERICA, Appellant, v. Clarence A. McGILLEN, Appellee.

District of Columbia Court of Appeals.

Decided March 20, 1974.

Attorney(s) appearing for the Case

William J. Donnelly, Jr., Washington, D. C., with whom Richard W. Galiher, William H. Clarke and Frank J. Martell, Washington, D. C., were on the brief, for appellant.

Leo A. Roth, Jr., Washington, D. C., with whom Albert E. Brault, Denver H. Graham and Lawrence T. Scott, Washington, D. C., were on the brief, for appellee.

Before REILLY, Chief Judge, and GALLAGHER and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

This appeal by Combined Insurance Company of America (Combined) challenges a ruling of law that the insured's disability was the result of a "sickness" as that term was used in the applicable health and accident insurance policy. The trial court ruled that the policy must be construed broadly and favorably so as to establish coverage whenever it can be justified, and that the insurer must spell out in plainest terms any limiting policy provisions...

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