Bosworth v. Metropolitan Life Insurance

Litz, Judge:

This is an action to recover benefits under two insurance policies of $1,000.00 each. One is an accident policy. The other is a life policy containing a disability clause applying to “bodily injury or disease”. To the judgment entered upon a verdict in favor of plaintiff for the full amount of the policies, defendant prosecutes error.

The accident policy stipulates that payment will be made to the assured for the total and irrecoverable loss of sight of both eyes due to “violent and accidental means”. The life policy containing a disability clause provides for payment of benefits…