Brotherhood of Railway Trainmen Insurance Department of Cleveland v. Green

Mr. Judge Brewster,

of the Commission of Appeals delivered the opinion for the Court.

Cornelius Green, respondent, sued Brotherhood of Railroad Trainmen Insurance Department of Cleveland, Ohio, petitioner, on a health and accident insurance policy to recover certain benefits for total and permanent disability suffered from a heart attack. On a jury verdict the trial court rendered judgment for Green for the claimed benefits plus the statutory 12 per cent penalty and attorney’s fees. The court of civil appeals affirmed the judgment. 179 S. W. (2d) 337.

Petitioner is an incorporated fraternal…