Miles v. Continental Casualty Company

Plaintiff, Nellie Kerr Miles, brought action to recover for the alleged accidental death of her late husband, James Noah Miles, to whom defendant had issued a group disability policy. The policy, in form, may be classified as a “Health and Accident Policy” and among other things provided payment of $5,000 for death from “bodily injury caused by accident” and “resulting directly and independently of all other causes in loss covered by this policy.” Disability from sickness or disease was also a covered loss. At the trial the jury rendered a verdict for plaintiff but on post-motion the verdict…