Reliance Insurance Company v. Kinman

Frank Holt, Justice.

Appellee suffered the loss of a foot in an accident. He was insured by the appellant to cover such a contingency. The appellant refused to pay the claim on the basis that appellee’s foot was not actually severed within the time limitation of 180 days. The trial court, sitting as a jury, found for the appellee and awarded $50,000, the full amount of the policy, plus a 12% statutory penalty, and an attorney’s fee. From that judgment comes this appeal.

For reversal the appellant contends that the “trial court erred in holding that the actual severance of appellee’s leg…