Dixon v. Business Men's Assurance Co. of America

*584COIL, C.

[622] This case came to the writer on reassignment.

John P. Dixon, respondent (herein called plaintiff), was the insured in an accident and health policy (containing also a provision for a death indemnity) issued by appellant, Business Men’s Assurance Company of America (herein sometimes called defendant or BMA). Plaintiff had verdict and judgment for $8,187-50, including indemnities allegedly due under the policy, “vexatious penalties,” and attorneys ’ fees. BMA here contends that the trial court erred: in failing to direct a defendant’s verdict; in giving an instruction; in…