Greguhn v. Mutual Of Omaha Ins. Co.

461 P.2d 285 (1969)

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Nature of the Case

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Facts

Mutual (D) had policies insuring Greguhn (P) against loss arising from sickness or accident. P had a fifth-grade education and worked for 30 years as a brick mason. On September 21, 1964, P was involved in an accident when a scaffold collapsed. P avoided falling, but within the hour he began to suffer back pains. P was diagnosed with spondylolisthesis. Subsequent surgical procedures failed to correct the problem. D's policy defined injuries to mean accidental bodily injuries received while the policy was in force and resulting in a loss independently of sickness and other causes. The total loss of time was also defined as that period of time you are unable to engage in any other gainful work or service for which you are reasonably fitted by education, training, or experience. D made payments under the policies but then cut P off in June of 1965. P sued. The jury gave the verdict to P. The trial judge ruled that D had repudiated their policies with P and that entitled P to a lump sum payment for future benefits to accrue under the policies calculated on the basis of P's life expectancy. D appealed.