Gibson v. Combined Insurance Co. of America

CULPEPPER, Judge.

Plaintiff seeks $600 in benefits allegedly due under an accident insurance policy for the loss of sight of one eye. After a trial on the merits the district judge held for the plaintiff but denied penalties and attorney’s fees. The defendant appealed. Plaintiff did not answer the appeal.

There is no question but that plaintiff’s-left eye was surgically removed on June S, 1962. The defenses urged by the insurer are: (1) The removal of the eye did not result directly from an accident within-90 days prior thereto and (2) Plaintiff had already lost the sight of his left eye as a.…