Crosby v. Prudence Mut. Cas. Co.
| Decision Date | 19 February 1969 |
| Docket Number | No. 18875,18875 |
| Citation | 252 S.C. 294,166 S.E.2d 201 |
| Parties | Edward CROSBY, Respondent, v. PRUDENCE MUTUAL CASUALTY COMPANY, Appellant. |
| Court | South Carolina Supreme Court |
Burroughs & Green, Conway, for appellant.
McCaskill & Thompson, Conway, for respondent.
This is an action to recover total disability benefits under a policy insuring plaintiff against loss of time resulting directly and independently of all other causes from accidental bodily injuries. Under the terms of the policy, the defendant agreed to pay a monthly indemnity of Four Hundred Dollars ($400.00) per month in case of total disability resulting from such injury. The jury returned a verdict of $3200.00, representing total disability indemnity for eight months from October, 1966, through May, 1967, as claimed by plaintiff. The defendant has appealed from the refusal of its timely motions for the direction of a verdict and for judgment Non obstante veredicto.
We state the evidence in the light most favorable to the verdict.
Plaintiff, a farmer, sustained accidental injuries to his left leg on October 2, 1966, when he was knocked against a feed trough by a bull. He went to his doctor on October 6 and was admitted to the Conway hospital with a badly bruised and swollen leg. He was discharged after fourteen days. However, his leg remained swollen and painful, and, according to his testimony, because of it he was unable to work for the full period of disability claimed. Plaintiff testified that he had never had any trouble with his leg and had never had varicose veins prior to the injury. His physician observed this condition of the veins of the left leg for the first time on October 6, although he had previously treated plaintiff for other ailments.
On March 5, 1967, plaintiff sustained a fall on cement steps when he was knocked down by a large dog. He complained of pain in the chest and was admitted to the hospital on March 8. He was operated on for a hernia of the diaphragm and discharged on March 23.
On April 23, 1967, plaintiff had another fall when he attempted to step into a boat on a pond at his home, and he again injured his left leg. He developed phlebitis in this leg and was admitted to the hospital on April 27. He was treated for this acute condition until May 15, 1967, when he was discharged and sent home to convalesce. Plaintiff's physician testified that in his opinion the accidental injuries to plaintiff's left leg were factors in causing the phlebitis, and that the varicosity of the veins was also a factor.
The defendant states the questions involved on the appeal to be:
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Morinelli v. Provident Life and Accident Ins. Co.
...and compliance with the condition is an issue distinct from that of the elements of total disability. Crosby v. Prudence Mut. Casualty Co., 252 S.C. 294, 166 S.E.2d 201 (1969). An insurance policy is much the same as another contract; it is an agreement between the parties. Auto-Owners Ins.......
- Bell v. Boyd, 18874