Mutual Benefit Health & Accident Ass'n v. Blanton

Opinion op the Court by

Clay, Commissioner

Reversing.

Appellee, beneficiary under an accident insurance policy, recovered a judgment for $2,500 against appellant upon the death of her husband, Walter Blanton. On this appeal appellant urges that the trial court erred in failing to: (1) direct a verdict for it, (2) exclude alleged incompetent testimony of deceased’s physician, and (3) declare a mistrial for certain conduct of appellee’s counsel.

The policy upon which this suit was based insuredappellee’s husband against loss of life “resulting directly and independently of all other causes, from…