Great American Reserve Insurance Co. v. Laney

POPE, Justice.

The question presented by this appeal is whether plaintiff, Sam Milton Laney, proved his right to recover for a confining sickness which was defined in a policy with Great American Reserve Insurance Company as one which “shall totally and continuously disable and necessarily confine the Insured continuously within doors ..” The trial court, without a jury, rendered judgment for Laney. The court of civil appeals affirmed. 488 S.W.2d 481. Great American contends that proof of facts to establish a confining sickness was a condition precedent to Mr. Laney’s right to recover for…