GREGUHN V. MUTUAL OF OMAHA INS. CO.
461 P.2d 285 (1969)
NATURE OF THE CASE: This was a dispute over payment of insurance policies for injuries.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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