Brotherhood of Railroad Trainmen Ins. Department of Cleveland v. Green

McDONALD, Chief Justice.

Appellee, the plaintiff below, seeks a recovery on a policy of insurance issued by appellant. The policy "provides for certain benefits in the event of total and per*338manent disability of the insured. The jury fouq,d that he was totally and permanently disabled as the result, of a heart attack. Judgment was awarded appellee for the amount sued for, plus interest, the statutory penalty, and an attorney’s fee of $600. The insurer appeals.

Under its first point of error appellant contends that the court should have instructed a verdict in its favor on the ground that the…