Standard Life & Accident Insurance Co. v. Tubbs

TIREY, Justice.

This is an appeal from a summary judgment wherein Miss Tubbs sued on a limited health and accident policy for $540 dis= ability benefits, $300 attorney’s fees and 10% statutory penalty, wherein she alleged that she was totally disabled from November 3, 1962 to February 21, 1963 because of neck and low back injuries sustained in an automobile accident. The appellant denied that appellee sustained total disability but the County Court granted a summary judgment for appellee in which it held her to be totally disabled as a matter of law and awarded to her the sum of $540…