Zurich Insurance Company, a Corporation, and Mack Trucks, Inc., a Corporation v. Robert Sigourney
Opinion
Opinion
Magruder, J.
The present appeal is brought by Mack Trucks, Inc., and Zurich Insurance Company from a judgment entered April 20, 1959, by the United States District Court for the District of Oregon, declaring that appellee, Robert Sigourney, who had been an employee of appellant Mack Trucks, Inc., was entitled to continuing payments so long as a total disability remained, in an amount equal to the compensation and other benefits which would have been payable under the Oregon Workmen’s Compensation Act, ORS 656.002 et seq., had the plaintiff and Mack Trucks, Inc., been subject thereto, and giving judgment against the insurance company in the amount of $3223.38 as compensation past due to Sigourney, who was the direct beneficiary of a so-called voluntary compensation endorsement to a policy of insurance issued by Zurich Insurance Company to Mack Trucks, Inc. In addition to that, judgment was given against the insurance company for an amount of reasonable attorneys’ fees.
There seems to be no doubt that appellee Sigourney is now totally disabled from a disease known as coccidioidomycosis — called on the West Coast “San Joaquin Valley Fever,” since it is endemic to that area of California. The…