Lumbermens Mutual Casualty Co. v. Howell

George Rose Smith, Justice.

This is an action brought by the appellee to collect total disability benefits under an accident and sickness policy issued by the appellant. The case was submitted to a jury, which returned a verdict for the plaintiff in the amount sued for, $2,694.58. The -appellant argues three points for reversal, which we will discuss separately after briefly stating the background facts.

Howell had been actively engaged in farming, but in 1968 he took a job as a construction worker to earn extra money. On May 4 of that year, while Howell was lifting a heavy bucket, of fresh…