Tucker v. Bankers Life & Casualty Co.

— This is an action by Clarence Tucker, plaintiff (respondent), against Bankers Life & Casualty Company, defendant (appellant), to recover total disability benefits under a Bankers Life accident-insurance policy purchased by the plaintiff.

The trial court awarded the plaintiff judgment for the maximum benefits afforded under the policy for total disability. The defendant appeals.

The defendant first contends that the trial court erred in finding that the plaintiff’s injury was caused by an accidental fall, arguing that the fall resulted from a weakness of the plaintiff’s back due to an…