Watkins Ex Rel. Watkins v. Federal Life Insurance

MORGAN, J.-

This action was commenced by respondent to recover on an accident insurance policy issued by appellant. A jury was waived and the trial resulted in judgment for plaintiff, from which defendant appealed.

The record discloses that appellant, for a valuable consideration, issued a policy insuring respondent against loss by accident; that at a time when the policy was in force and effect and when respondent was using and operating a horse-drawn farm wagon equipped with a hay rack and was attempting to drive through a gate his attention was distracted and he so drove, or allowed the team…