Old American Life Ins. v. Williams

George Rose Smith, Justice.

In this action upon a health and accident insurance policy the plaintiff recovered the full amount sued for: Six hundred dollars for the loss of sight in his right eye, $63.27 for temporary disability, the statutory penalty, and an attorney’s fee of $1,000. In substance there are three contentions for reversal. (At the outset we deny the appellee’s motion for affirmance under Rule 9, as we find the abstract of the record to be sufficient.)

First, the insurer insists that the plaintiff’s right eye had been sightless for several years before it was surgically removed…