Arnold v. Equitable Life Assurance Society of the United States

Banke, Presiding Judge.

The appellant suffered a partial loss of vision in his right eye after being struck by a piece of metal. At the time of his injury, the appellant was covered by a policy of accidental death and dismemberment insurance issued to his employer by the appellee insurer. This policy provided for payment of benefits in the event of “total and irrecoverable loss of sight” in an eye. The insurer declined to pay such benefits to the appellant on the ground that he had not suffered a total loss of sight in the affected eye, prompting him to file the present action. He filed this…