Continental Casualty Company v. Davidson

John A. Fogleman, Justice.

Appellant asserts that the circuit court’s instructions defining total disability were erroneous, in the light of the policy on which appellee sued. We find reversible error in that regard.

A review of the evidence would serve no useful purpose. It is sufficient to say that "there was evidence sufficient to support a finding of total disability whether the court’s definition or appellant’s is used. The pertinent policy provision is as follows:

TOTAL DISABILITY. When, as the result of injury and commencing within thirty days after the date of the accident, the Insured…