Standard Life & Accident Insurance v. Owens

George Rose Smith, Justice.

This is an action by the appellee Owens upon a mortgage protection policy which provided monthly benefits for total disability caused by “sickness commencing more than thirty (30) days after the effective date of the insurance.” The jury returned a verdict for Owens in a sum somewhat less than the amount sued for. The insurer’s only contention for reversal is that it was entitled to a directed verdict on the ground that Owens’ sickness antedated the policy, which became effective on January 1, 1970.

Upon the evidence the trial judge, correctly submitted the case to…