National Life & Accident Insurance v. Thompson

Hatcher, President:

This suit involves the construction of an insurance agreement to pay the insured seven dollars periodically if “disabled from performing work of any nature.”

The defendant, W. L. Thompson, is the insured. In 1931, a rifle bullet shattered the head of the humerus in his left shoulder. The humerus ankylosed to the scapula in or following the process of healing. This condition prevents the shoulder joint from functioning and has caused the shoulder muscles to atrophy. The insurer, the plaintiff Insurance Company, paid Thompson the agreed stipend until July, 1934, when payments…