CONTINENTAL CASUALTY COMPANY v. Vaughn

WERLEIN, Justice.

Appellee sued his insurance carrier to recover damages for an anticipatory breach of an accident insurance policy. The policy provides for the payment of monthly indemnity for loss resulting from injury, in the sum of $100.00 for total disability for the maximum period of the insured’s life. It defines “injury” to mean “bodily injury caused by an accident * * * and resulting directly and independently of all other causes * * * ”

The jury found in answer to special issues submitted with proper definitions, that on or about March 30, 1962, appellee, Walter Earl Vaughn, sustained…