Southern Surety Co. v. Farrell

Farrell had a judgment on trial to the court against the Southern Insurance Company upon a sickness clause in an insurance policy, and the company brings error. The judgment was right.

The first objection is that the disability was not due to a cause expressed in the policy. The policy provides for payment of sick indemnity only in case the disability is caused solely by a sickness arising after the date of the policy. The point is made by the company that the evidence shows conclusively that, although plaintiff contracted la grippe within three months after said date, yet it appears from his…