Southern Surety Co. v. Solomon

, BAUGH, J.

Suit was upon a health and accident insurance policy issued to appellee by appellant company. On December 28, 1923, appellee, Solomon, lost one foot through accidental means, and under the terms of said policy was insured against such loss in the sum of $2,500. He admitted payment to him by appellant of the sum of $833.33 and sued for the balance due, claiming interest, penalty, and attorney’s fees. Appellant set up as a defense a written release executed by ap-pellee, discharging it from all liability under said policy, and alleged payment to S'olomon pursuant thereto of $S33.33.…