Continental Casualty Company v. Boerger

WILSON, Justice.

The question in this suit by insured against the health and accident insurer is stated by the insurer to be whether insured “actually made out a case of ‘repudiation’.”

Judgment was rendered for insured for the commuted value of “unaccrued disability benefits” on jury findings to the effect that insured will be totally disabled for 537 weeks, and that insurer’s agent told insured the company “had paid him all the money it owed under the terms of the policy in question and did not intend to make any more payments under such policy in the future.”

Appellant says there is no…