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eBook details

• Title: David John Winfield v. Cigna Companies
• Author : Supreme Court of Nebraska
• Release Date : January 19, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

LANPHIER, J. Plaintiff-appellee, David John Winfield, initiated this action in the county court for Buffalo County to obtain medical expense benefits under an insurance contract issued by defendant-appellant, Life Insurance Company of North America (LINA). Pursuant to a motion for summary judgment filed by LINA, the county court held that the terms of the insurance contract were unambiguous. The insurance contract states that ""treatment"" must begin within 60 days of an injury. Winfield received only massages within 60 days. At issue is the policy definition of ""treatment."" The county court held that Winfield was not entitled to benefits under the policy. Winfield appealed to the district court claiming that a condition of the insurance contract requiring that he obtain treatment not more than 60 days after an accident was ambiguous as to whether it included massages and should be construed against the insurer. On appeal, the district court held that the contract was ambiguous, reversed the county court's judgment, and remanded the case for further proceedings. From this judgment, LINA appealed to the Court of Appeals. We removed the case to this court in order to regulate the caseloads of the appellate courts. Although we find the contract unambiguous, we affirm the judgment of the district court because the county court erroneously concluded that LINA was entitled to judgment as a matter of law.

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