Interstate Life & Accident Insurance v. Upshaw

Webb, Judge.

Death came to Lewis H. Upshaw on September 7, 1968, but whether his beneficiary in a 40 cents weekly premium accidental death policy is entitled to payment thereunder is still pending for final determination. The question has been in litigation since August 8,1969. The first trial resulted in a verdict and judgment for the insurer; the beneficiary moved for and was granted a new trial on the general grounds; the insurer appealed to this court, contending that the grant of a new trial was error as the verdict was demanded by the evidence; this court held that the verdict for the…