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Court of Appeals of Indiana

March 9, 1936, Filed

No. 15,181.


 [*446]   [**433]  WOOD, J.--Appellee brought suit against the appellant to recover money alleged to be due and owing under an indemnity disability policy issued to him by appellant.

The complaint and supplemental complaint alleged in substance, that on September 28, 1931, appellant issued  [*447]  a policy of insurance to appellee under the terms of which appellant agreed upon the payment  [**434]  of certain premiums to pay to appellee the sum of $ 100 per month so long as appellee should be disabled and unable to attend to any and every kind of duty pertaining to his occupation by reason of bodily injuries caused directly and independently of all other causes by external and accidental means; that on October 15, 1931, while [***2]  said policy was in full force, appellee, who was a section foreman on the Wabash railroad, while engaged in lifting a motor car on the tracks of the railroad accidentally sprained his back, and the ligaments and tendons thereof, causing inflammation to develop in the left sacro-illiac region of his back disabling him; that he had performed all the terms and conditions of said policy, to be performed. The policy was made an exhibit to the complaint.

To this complaint the appellant filed an answer in four paragraphs. The first was a general denial. The second alleged that the appellee failed to furnish appellant with a written report from his attending physician every thirty days stating fully the condition of appellee and the probable duration of his disability as required in the policy. The third alleged that appellee had not made proof of his disability every thirty days as required in the policy. The fourth alleged that the policy provided that no action should be brought to recover on it prior to the expiration of sixty days after proof of loss had been filed and that appellee had never made any proof of loss as required in the policy. To the second, third and fourth paragraphs [***3]  of answer, appellee filed a reply alleging somewhat in detail a history of the various transactions had between appellant and appellee subsequent to the date when the alleged accident occurred.

The cause was tried to the court without a jury. On request the court found the facts specially, stated its  [*448]  conclusions of law thereon, and after overruling appellant's motion for a new trial, rendered judgment for appellee in harmony with the conclusions of law.

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102 Ind. App. 445 *; 200 N.E. 432 **; 1936 Ind. App. LEXIS 122 ***


Subsequent History:  [***1]  Rehearing denied June 4, 1936. Transfer denied September 30, 1936.

Prior History: From Wabash Circuit Court; Frank O. Switzer, Judge.

Action by Gale Kindlesparker against American Income Insurance Company on a policy of accident insurance. From a judgment for plaintiff, defendant appealed.

Disposition: Affirmed.


disability, injuries, accidental means, insured, conclusions of law, accidental, attending, insurance policy, special findings of fact, proof of loss, premium, notice, waived

Civil Procedure, Jury Trials, Verdicts, General Overview, Evidence, Inferences & Presumptions, Appeals, Standards of Review, Questions of Fact & Law, Insurance Law, Commercial General Liability Insurance, Coverage, Accidental Injuries, Workers' Compensation & SSDI, Compensability, Injuries, Administrative Proceedings, Judicial Review, Life Insurance, Accidental Death, Claim, Contract & Practice Issues, Estoppel & Waiver, Late Premiums & Nonpayment, Liability & Performance Standards, Notice to Insurers, Policy Interpretation, Premiums, Forfeitures, Labor & Employment Law, Disability & Unemployment Insurance, Disability Benefits, Claim Procedures, Obligations of Parties, Property