Shealy v. United Insurance Co. of America

J. B. Ness, Acting Associate Justice.

This is an action to recover indemnity for the period of time commencing July 9, 1959, to January 9, 1960, for a “confining illness” upon a policy of insurance issued by the appellant in favor of the respondent.

The case was tried before a jury and resulted in a verdict in favor of the respondent. The trial court overruled motions for a nonsuit and for the direction of a verdict made by appellant, and likewise denied its motion for judgment notwithstanding the verdict.

Under the heading of “Sickness Benefits,” the policy stated:

“Part Eleven............

“If…