Prudence Life Insurance v. Wooley

JONES, Justice.

This is an appeal from the Circuit Court of Smith County where appellee, plaintiff below, was awarded judgment against appellant, defendant below, on a health and accident insurance policy providing for disability. Because of error in an instruction given to plaintiff, the. case is reversed and remanded for another trial.

On June 12, 1959, appellant issued its policy of insurance to appellee containing the disability-clause hereinafter quoted. On June 2, 1960, appellee suffered a heart attack and was paid benefits for total disability under the quoted clause from that time…