Bockes v. Union Mutual Casualty Co.

(dissenting). — I respectfully dissent from the conclusion announced in the majority opinion and shall state my view of the facts and the law applicable thereto.

My contention is that a fact question was presented and that the case was one for the jury and not for the trial court to determine. My thesis in this case may be briefly stated as follows: Where an accident policy provides (1) for $5000 for loss of life or limb (2 legs) (with a specific provision that in such event no monthly indemnity is payable — the instant case), (2) for monthly indemnity for loss of time where there is no…