Eminent Household of Columbian Woodmen v. Bunch

Citations

• 115 Miss. 512

Syllabus

<p>1. Judgment. Res judicata. Evidence.</p> <p>To sustain a plea of res adjudicata, the evidence must show that the cause of action is the same.</p> <p>2. Judgment. Res judicata. Health insurance. Disability.</p> <p>Tbe fact that plaintiff brought a suit on a health insurance policy for permanent total disability in which it was determined that he was not totally disabled, did not preclude him thereafter from instituting another suit upon the policy whenever the condition of permanent and total disability did exist and could be proven; although the infirmities proven in the second trial were the same as in the first except that they had grown worse.</p> <p>3. Insurance. Total disability.</p> <p>The fact that insured resigned his office of justice of the peace should not discount his claim of permanent and total disability or impeach his testimony. If his physical condition was such that he could not perform, in the main, the duties imposed by law, then he was not only justified in resigning but it was his duty so to do.</p> <p>4. Insurance. Health insurance. Policy. Construction.</p> <p>Under an insurance policy, giving half the total insurance for the loss of an eye with the option “to continue this covenant in force, till death” when the other half will be paid, where insured collected one-half of the policy for the loss of an eye, this did not convert the remainder, into an ordinary life policy, and prevent recovery for further accidents, since the clauses of the policy conferring the right of recovery for the.loss of an eye and the right to recover for total disability constitute separate and valuable provisions, and rights and contracts of this character should be construed most strongly against the company and in favor of the insured.</p> <p>5. Accident Insurance. Partial disability. Later permanent disability.</p> <p>Under an accident insurance policy providing for indemnity' for partial and total disability, where insured received indemnity for the loss of a