Sitzman v. National Life & Acc. Ins. Co., 19489
| Decision Date | 21 May 1962 |
| Docket Number | No. 19489,No. 1,19489,1 |
| Citation | 182 N.E.2d 448,133 Ind.App. 578 |
| Parties | Chester A. SITZMAN, Appellant, v. The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellee |
| Court | Indiana Appellate Court |
Lockyear & Lockyear, Theodore Lockyear, Jr., Thomas Lockyear, Evansville, for appellant.
Warren, Merrell & Combs, Morris S. Merrell, William B. Combs, Philip H. Siegel, Evansville, for appellee.
This action was instituted by the appellant against the appellee for breach of contract under insurance policies which were issued by the appellee to the appellant. Demurrers were sustained to the complaint, and upon appellant's refusal to plead over judgment was entered in favor of the appellee, and the appellant now assigns as error the sustaining of the demurrers.
Appellant filed his complaint in two paragraphs, the first paragraph alleging in substance that the appellee executed its policy of insurance to the appellant under which it promised that in the event the appellant sustained 'loss of eyesight' resulting from accidental means the appellant would receive from the appellee the face amount of the policy. It further alleged that while the policy of insurance was in effect, the appellant lost the sight of his left eye as the result of an exploding pop bottle which the appellant was holding. That the appellant had fully performed all the conditions of the contract and that the appellee had refused to pay appellant the sum due under the policy.
In the second paragraph of complaint the same set of facts were alleged except that this Paragraph Two relies on another and identical policy issued to the appellant by the appellee.
Appellee filed demurrers to Paragraph One and to Paragraph Two on the ground that the complaint does not state facts sufficient to constitute a cause of action, and substantiates such demurrers in its memorandums by stating that the complaint shows on its face that the insurance policy provides benefits for loss of eyesight and such loss consists of 'complete and irrecoverable loss of sight of both eyes', and since the complaint alleges the loss of sight in only one eye the complaint is insufficient to state a cause of action.
The policies of insurance contained on their face, among other things, the following printed material:
'Please read your policy and premium receipt book'
'With Additional Benefits for Death By Accidental Means and for Loss of Eyesight or Limbs'.
The body of the policy also contained the following:
'Benefits for Loss of Eyesight or Limbs--Upon receipt during the lifetime of the Insured or due proof that, during the continuance of this policy in force otherwise than as the Extended Insurance or the reduced Paid-Up Life Insurance hereinafter provided, the Insured has suffered any of the losses set forth below solely as a...
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