National Life & Accident Insurance v. Whitfield

Kikbt, J.,

(after stating the facts). Appellant insists that the court erred in not sustaining its demurrer to the complaint,!since it alleges the policy limited the indemnity in any event to payment of $7 per week for 20 weeks of any one year, but, as the opinion herein shows, we have concluded that no error was committed in overruling the demurrer, this being a suit for damages for breach of the contract, rather than for indemnity under the terms of the policy.

It is undisputed that appellant company refused to comply with the provisions of the policy and denied liability thereon, alleging…