ABRAHAM M. GLICKMAN, PLAINTIFF-APPELLANT,
v.
LUMBERMENS MUTUAL CASUALTY COMPANY OF ILLINOIS, DEFENDANT-APPELLEE
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The court granted a writ of mandamus to compel a circuit judge to enter a judgment for the defendant in a replevin action that was dismissed for want of prosecution, awarding the defendant the value of the property plus interest and costs.
When a replevin action is dismissed for want of prosecution, the defendant is entitled to a judgment for the property or, against the plaintiff and sureties, for the value of the property plus interest and costs, unless the defendant's interest is special.
After a replevin action was dismissed for want of prosecution, the defendant sought a judgment for the value of the property plus interest. The respon…
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PER CURIAM.
Plaintiff and his family were covered by defendant’s Family Poliomyelitis Expense Policy, issued August 1, 1953, which indemnified for expenses incurred in treating poliomyelitis contracted by any member of the family within two years after the date of the policy. The question for decision is whether a rider forwarded in April 1954, which gave the family coverage for expenses in connection with certain dread diseases, including encephalitis, affords a basis for recovery of expenses of $5,000 incurred on behalf of plaintiff’s wife who had contracted encephalitis on January 22, 1954, prior to the date of the rider. The rider, which was added without additional premium, carried these words: “Effective April 1, 1954, or on the date of the Policy to which this Rider is attached, whichever is later, it is hereby agreed that the Policy shall be extended to cover the diseases listed below * * * ” and encephalitis was among the eleven dread diseases listed.
This brief statement of the essential facts shows conclusively, we think, that the language of the policy is clear and unambiguous and requires that a disease added by the rider must have been contracted on or after April 1, 1954 in order to permit reimbursement for expenses incurred in connection with that disease.
Judge Ryan dismissed the complaint in a well reasoned opinion, D.C.S.D.N.Y. 1957, 160 F.Supp. 167 and we affirm for the reasons there set forth and stated above.
Judgment affirmed.