Sherman v. Continental Casualty Co.

THE COURT.

Defendant appeals from a judgment in an action to recover on a policy of insurance issued in the year 1921, insuring plaintiff against loss of time resulting from accident or sickness.

On July 20, 1925, and while the policy was in force, plaintiff was injured by falling down five cement steps to the pavement, following which she was sick for a long period of time. Indemnity was claimed under each feature of the

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policy, the complaint containing two counts, the first relating to the accident indemnity, whereunder the amount sued for was $1575; and the second relating to the health indemnity, whereunder the amount sued for was $1370. The action was tried before a jury and a verdict rendered in plaintiff’s favor for the sum of $1575, the verdict being evidently based on the first count. If, therefore, no grounds for reversal exist as to the first count, it is unnecessary to consider the points raised as to the second.

With respect to the payment of accident indemnity, the policy provided as follows: “If injury . . . shall at once and continuously after the occurrence of the accidental event wholly disable the insured from performing each and every duty pertaining to his occupation, the company will pay said accident indemnity (of $105 a month) for such period, not exceeding five years, as the insured shall be so disabled,” also that “if injury as is before described shall not at once wholly and continuously disable the insured but shall thereafter within ninety days wholly disable him, or shall, either at once after the injury or at once after a period of total disability, prevent him from performing work substantially essential to his duty or duties the company will pay one-half said accident indemnity (amounting to $52.50 a month) for such period not exceeding six months as he shall be so disabled. ...” It was alleged in the first count that in falling down the steps plaintiff injured “her chest, side and back and herself internally; that said injuries induced and produced a pleurisy of plaintiff’s left side and a persistent metorrhagia, ” and that as a result of the accident she “was at once and continuously thereafter for a period of one year, wholly disabled from performing each and every duty pertaining to her said occupation; and thereafter and for a further period of more than six months was prevented from performing work substantially essential to the duty and duties of her said occupation.”