Tucker v. Bankers Life & Casualty Co.

(dissenting) — I dissent because I do not believe that there is substantial evidence to sustain the trial court’s finding that the plaintiff “was involved in an accident,” and would therefore direct a dismissal.

This was an action to recover disability payments provided by an accident insurance policy.

To recover, the plaintiff had to prove that his disability was caused by an accident.

The trial court found,

That said policy was in full force and effect on March 21, 1962. That on said date plaintiff was involved in an accident and sustained an injury to his back which caused losses as referred…