PAN-AMERICAN LIFE INS. CO. v. TERRELL

No. 5241.

29 F.2d 460 (1928)

PAN-AMERICAN LIFE INS. CO. v. TERRELL.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1929.


Attorney(s) appearing for the Case

Walter F. Seay, of Dallas, Tex., and Charles R. Loomis, of El Paso, Tex. (Seay, Seay, Malone & Lipscomb, of Dallas, Tex., Eugene J. McGivney, of New Orleans, La., and Loomis & Kirkland, of El Paso, Tex., on the brief), for appellant.

J. F. McKenzie, of El Paso, Tex. (R. J. Channell, of El Paso, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Appellee sued to recover the indemnity provided by a policy of insurance for the loss of the sight of one eye. The policy contains a clause insuring him against bodily injury, through accidental means, resulting within 90 days from the date of the accident in the "loss of the entire sight of one eye, if irrecoverably lost." A Texas statute provides that in all cases where a loss occurs, if the insurance company liable therefor "shall fail to...

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