Benefit Ass'n of Railway Employees v. Cason

CHADICK, Chief Justice.

This is a suit on an indemnity insurance contract to enforce collection of benefits accruing as the result of a physical injury to the assured. The judgment granting the recovery is reversed and the case is remanded for new trial.

The appellee, James Edwin Cason, founds his action on the provisions of part IV of the policy issued by the appellant, Benefit Association of Railway Employees. This division of the contract contains the principle contractual language specifically stating the terms upon which payment will be made of monthly accident indemnity for total or…