Colonial Life & Accident Insurance v. Whitley

George K. Cracraft, Judge.

Colonial Life and Accident Insurance Company appeals from a jury verdict awarding long term disability benefits to Ruth Whitley under a policy of insurance. It advances a number of points for reversal but we find sufficient merit in only one of them to warrant reversal. In view of the disposition we make of this case, however, we will address some of the other issues advanced because of the likelihood that they will arise in a retrial.

The policy in question insured appellee against loss resulting from accidental bodily injuries. The conditions of payment contained in…