King v. New Empire Insurance Co.

BROADDUS, Judge.

This is an action based upon a policy of accident insurance. Plaintiff recovered a verdict and judgment for $2000, the indemnity provided for in the policy, and from that judgment, defendant has appealed. The trial court refused to submit the issue of vexatious refusal to pay to the jury and from that order plaintiff has appealed.

The defendant company insured Emery E. King “against loss resulting directly and independently of all other causes from bodily injury sustained during the term of this policy and effected solely through accidental means.” It is admitted that insured…