United National Insurance v. Cody

This case is appealed to this court on the general grounds only, the question being (a) whether or not the evidence supports the verdict and judgment as to the finding that James Cody was insured under the policy sued upon at the time he was accidentally killed, and (b) that even if insured, whether’ the plaintiff is entitled to recover because “proof of loss” was not filed within 90 days from the date of James Cody’s death.

The trial judge rendered a comprehensive opinion, which we will hereinbelow set out verbatim, in order to facilitate our findings. That opinion and judgment reads:

"This…