Barbour v. Inter-State Business Men's Accident Ass'n
Barbour v. Inter-State Business Men's Accident Ass'n
Opinion of the Court
The plaintiff was insured against illness in the defendant company under a policy which provided that if insured shall be continuously confined within the house under the constant care of a regular physician the association will pay a weekly indemnity of fifty dollars; and for such period, not exceeding ten weeks, that the insured shall not be confined to the house, but shall be compelled to refrain from performing any act of business and be under the constant treatment o'f a regular physician, the association will pay a weekly indemnity of twenty dollars.
The plaintiff’s policy lapsed for a period for non-payment of premium, but was reinstated August 7th, 1926, but by its terms did not cover any illness occurring within ten days after such reinstatement.
The jury awarded a verdict of five hundred and ninety-eight dollars and eighty-eight cents. This we think is clearly excessive. At the maximum he was not confined to the house under the care of a physician more than seven weeks. While he testified that he was unable to work until the middle of December following, his physician testified that he did not attend him after November 1st, and there is no testimony that he did, and during this period he worked five days for his old employer.
Upon a review of’the evidence taken most strongly in the plaintiff’s favor we think it can not support a verdict? for more than four hundred and ten dollars. New trial granted, unless the plaintiff on or before the September Term files a remittitur of all over $410.00.
Reference
- Full Case Name
- George A. Barbour v. Inter-State Business Men's Accident Association
- Status
- Published