Life & Casualty Ins. Co. of Tennessee v. Jones
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. W. W. Venable, Judge. Suit by Wylie Jones against the Life & Casualty -Insurance Company of Tennessee. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Some of the cases on similar contracts to this holding that the insured cannot recover if he is able and qualified to work in other occupations are the cases of, Lyon v. Railway Pass Assur.
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Appeal from the circuit court of Lauderdale county. Hon. W. W. Venable, Judge. Suit by Wylie Jones against the Life & Casualty -Insurance Company of Tennessee. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Some of the cases on similar contracts to this holding that the insured cannot recover if he is able and qualified to work in other occupations are the cases of, Lyon v. Railway Pass Assur. Co., 46 Iowa, 631; Albert v. ■Order Chosen Friends, 34 Fed. 720; Baltimore & Ohio Relief Ass’n. v. Post, 122 Pa. 597, 2 L. R. A.- 44. We are…
1Opinion of the CourtSmith, C. J.
This is an action instituted by appellee in the court of a justice of the peace to recover of appellant a balance alleged to be due him upon a health , and accident poliey issued to him by appellant. The cause was tried by the judge below without a jury, on an agreed statement of facts, and judgment was rendered for appellee.
The policy provides for a weekly allowance of seven dollars in case of an accident to appellee, and that “ accident benefits will only be paid when the injury is of such a nature as to disable the insured from work of any kind for seven consecutive days,” etc. It contains…
2Cited by5 opinions
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- Lamar Life Ins. Co. v. ShawMississippi Supreme Court · 1987
- Moore v. Massachusetts Accident Co.Baltimore City Superior Court · 1928