Davis v. North American Accident Insurance

This is an appeal from a judgment entered on a verdict in favor of respondent for loss sustained under a policy of accident insurance. This is the second appeal in this case. Davis v. North American Accident Ins. Co., 39 Wn. (2d) 145, 234 P. (2d) 871. In the prior case, the then trial judge instructed the jury to bring in a verdict in favor of the plaintiff, holding that the defendant was liable under the policy as a matter of law. We reversed and remanded for a new trial, saying, after quoting part of the testimony:

“With testimony of this nature in the record, we are of the opinion that it…