Rominick v. Inter-Ocean Casualty Co.

Woods, Judge:

This is an action to recover indemnity under a certain health and accident policy. A demurrer was interposed to plaintiff’s evidence, and the trial court entered judgment for the plaintiff on a conditional verdict for $362.69. Defendant prosecutes error.

It appears that application for the policy declared on was signed on August 6, 1930, in the presence of the employer’s payroll clerk. By written order of even date, plaintiff appointed Empire Coal & Coke Company, employer, his “sole agent” to deduct from the wages due him from “month to month”, and pay to the defendant’s local…