Thomas v. First Assurance Life of America

WILLIAM A. CULPEPPER, Judge Pro Tem.

This is an action for benefits under a credit disability insurance policy issued to plaintiff when he purchased a new car. The defendant insurance company paid benefits for all except 14 days of the first twelve months of claimed disability, but determined the insured did not meet the definition of disability after the initial twelve month period. The plaintiff filed suit to recover benefits not paid. The lower court awarded plaintiff all the benefits he requested, as well as penalties and attorney’s fees. The defendant appealed. *958Plaintiff answered the…