Kimbrough v. National Protective Insurance

We find the statement made by appellant is a fair presentation and adopt it as follows:

"This suit is based upon an accident insurance policy providing for an indemnity of $1,200 for the loss of the sight of both eyes. A verdict and judgment in favor or plaintiff for $1,209.95 was entered. The motion for new trial filed by defendant was sustained upon the ground that the court erred in refusing an instruction in the nature of a demurrer to the evidence. Plaintiff has prosecuted this appeal from the order setting aside the judgment and granting a new trial.

"The insuring clause in policy upon…