Fisher, Exrx. v. Fid. and Cas. Co. of N.Y.

Opinion by

Mr. Justice Linn,

This suit on an accident insurance policy to recover specific injury indemnity is brought on the theory that the insured’s personal representative may exercise an option that the insured, if he had lived, might have exercised to recover for specific injury instead of under a total disability provision. The appeal is from the judgment for want of a sufficient affidavit of defense.

The statement of claim sets forth the circumstances in which the policy was issued, “in order that the terms and provisions of said policy may be properly understood and interpreted for the…