Wille v. London Guarantee & Accident Co.

Ervin, J.,

Plaintiff brought this action in assumpsit, based on a health and accident policy issued by defendant company. He recovered a verdict in the sum of $459.86. Defendant has filed motions for new trial and judgment n. o. v. The motion for new trial must be dismissed but defendant is entitled to judgment n. o. v. for a portion of the verdict, and judgment will be entered for plaintiff for the remainder.

The contract of insurance provides, inter alia, as follows:

*94“The defendant insures the plaintiff against loss resulting independently and exclusively of all other causes from accidental…