Beard v. Peoples Indus. Life Ins. Co. of La.

• Decision Date: 31 October 1941
• Docket Number: 6339.
• Citation: 5 So.2d 340
• Court: Court of Appeal of Louisiana — District of US
• Parties: BEARD v. PEOPLES INDUSTRIAL LIFE INS. CO. OF LOUISIANA.

5 So.2d 340

BEARD v. PEOPLES INDUSTRIAL LIFE INS. CO. OF LOUISIANA.

No. 6339.

Court of Appeals of Louisiana, Second Circuit

October 31, 1941

Rehearing Denied Nov. 28, 1941.

Certiorari Refused Jan. 5, 1942.

Appeal from City Court of Shreveport; Ruvian D. Hendrick Judge.

Wellborn Jack, of Shreveport, for appellant.

R.J. Newson, of Shreveport, for appellee.

HAMITER Judge.

An accident experienced by plaintiff on November 8, 1937, rendered him totally, but temporarily, disabled to discharge the duties of his employment. When injured he was insured under a policy issued by the Peoples Industrial Life Insurance Company of Louisiana seven days previously.

The contract required his paying a weekly premium of twenty-five cents, twenty per cent of which was for life insurance while the balance provided insurance against disability from sickness or accident; and it obligated the insurer to pay the weekly benefits listed in the affixed schedule according to the terms thereof.

The scheduled sick or accident benefit is $5 per week; however, qualifying provisions relating thereto are stipulated. Among these is one reciting that the policy is in half benefit for disability resulting from any accident occurring or illness contracted within six months from its issuance date. Another states that "for malaria, pleurisy, gastritis, sprains, rheumatism, colds, bronchitis, grippe, flu or influenza, two weeks' disability benefits only will be paid."

Defendant paid to plaintiff, in full settlement of his injury claim, the total sum of $5, this being two weekly benefits of $2.50 each.

In this suit, predicated on the described insurance contract, plaintiff alleges that, as a result of the accident, "he suffered a dislocated vertebrae in his back and also a dislocation of a nerve center in his back, and that his left leg, particularly his knee and ankle, were paralyzed and rendered stiff," all of which caused his total disability. He prays that defendant be condemned to pay him weekly benefits of $5 for a period of twenty-four weeks, together with statutory penalties and attorneys fees.

The position of defendant is that the injury sustained was a sprain of the back; and that for the disability resulting there was due the insured, according to the qualifying provisions of the policy, only the two weekly benefits of $2.50 each, which it has already paid.

The trial judge disallowed the claim for penalties and attorneys fees, but awarded plaintiff judgment for $55, or twenty-two weekly benefits of $2.50 each.

The appeal prosecuted by defendant has been answered, plaintiff requesting that the judgment be amended to the extent of allowing the full amount of his original demand.

The evidence is conclusive that the insured suffered only a sacro-iliac strain or sprain, and that the period of total disability was twenty-two weeks. If there had been injuries to his left leg, as he contends, complaint respecting them would have been registered with the two highly reputable physicians furnishing medical attention, one of whom observed him several times each week during the entire period of disability; but this was not done.

It is also clear that under the terms of the policy only one-half of the scheduled weekly benefit, or $2.50 per week, is payable...