Connors v. American Casualty Company

• Decision Date: 18 April 1964
• Docket Number: No. 15539.,15539.
• Citation: 330 F.2d 505
• Parties: John J. CONNORS, Plaintiff-Appellee, v. AMERICAN CASUALTY COMPANY, a Pennsylvania corporation, Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

330 F.2d 505 (1964)

John J. CONNORS, Plaintiff-Appellee, v. AMERICAN CASUALTY COMPANY, a Pennsylvania corporation, Defendant-Appellant.

No. 15539.

United States Court of Appeals Sixth Circuit.

April 18, 1964.

Argued by Robert E. Rutt, Detroit, Mich., Ward, Plunkett, Cooney, Rutt & Peacock, Detroit, Mich., on brief for appellant.

Argued by Cashan P. Head, Detroit, Mich., Head & Denenberg, Detroit, Mich., on brief for appellee.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Plaintiff, a physician, recovered a verdict and judgment in the District Court in the amount of $50,000.00 on a Group Accidental Death and Dismemberment Insurance Policy issued by defendant. He had sustained an injury to his right eye in an automobile accident on June 14, 1959. It was diagnosed as a detached retina on September 14, 1959 by his attending physician, Dr. Ruedemann, who was an ophthalmologist. A retinal cautery was performed by Dr. Ruedemann on October 8, 1959, but at no time after September 14th did Dr. Connors have useful vision in that eye. He continued under the care of Dr. Ruedemann in the hope that vision might be restored, but no improvement in vision resulted and a cataract formed. On December 20, 1961 Dr. Ruedemann informed plaintiff that the loss of his eyesight was irrecoverable in which conclusion plaintiff concurred. Within 10 days thereafter Dr. Connors gave written notice of his claim to the defendant. This was the first notice it received.

The pertinent provisions of the policy were as follows:

"If injury shall result in any one of the following specific losses within 180 days following the date of accident, the company will pay the amount set opposite the loss. * *"

* * * * * * "* * * Loss of sight of an eye shall mean the entire and irrecoverable loss of the sight thereof."

* * * * * *

"Notice of Claim: Written notice of claim must be given to the Company within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. * * *"

The defendant moved for a directed verdict on two grounds, namely, (1) the entire and irrecoverable loss of the sight of his eye did not occur within 180 days following the date of the accident and (2) if it did, then plaintiff did not give notice within 20 days thereafter and is, therefore, barred from recovery under the policy conditions. The District Court denied the motion and submitted the factual issues to the jury under proper instructions which are not questioned here. The only question raised in this appeal is the propriety of the action of the District Court in denying the motion for a directed verdict.

In considering such a motion, the District Judge was required to consider the evidence, as well as inferences deducible therefrom, in the most favorable light to plaintiff.

Plaintiff testified that when he awoke on the morning of September 12, 1959 the vision of his right eye was impaired as if a curtain was drawn over part of of it. Two days later the condition was diagnosed as a detached retina. Plaintiff had no useful vision in the...