Insurance Company of North America, a Corporation v. Thomas J. Thompson

Appellee Thompson, insured under a group policy of accident and disability insurance issued to his employer, commenced this action in an Idaho state court to recover benefits allegedly due under the policy. The cause was removed, on appellant’s petition, to the United States District Court for the District of Idaho, where trial to a jury resulted in a verdict and, after denial of appellant’s motions for judgment notwithstanding the verdict or for a new trial, judgment in favor of the insured. Jurisdiction below was based upon diversity of citizenship and the requisite amount in controversy. 28 U.S.C. § 1332 . Our power of review is conferred by 28 U.S.C. § 1291 .

The insurance contract protects against described losses which result “directly and independently of all other causes from bodily injuries caused by accident occurring while this policy is in force. * * * ” In addition, the policy contains an exclusionary clause which provides that it “does not cover loss caused by or resulting from * * * bodily infirmity * * The benefit sought by and awarded to appellee was the “Permanent Total Disability Benefit,” payable “after one year of ‘continuous total disability’ * * * if the…