General American Insurance v. Boyens

Bell, Chief Judge.

Plaintiff’s motion for partial summary judgment was granted in this action to recover total disability benefits under an employees’ group insurance policy. The trial court ordered that the part of the claim for penalties and attorney’s fees be submitted to a jury for determination. Held:

1. The plaintiff supported his motion by affidavits and admissions of defendant. This proof revealed that plaintiff was in the salaried class of employees covered by the policy; that he was totally disabled; and that he was entitled to recover under the terms of the policy. The defendant did…