NELSON v. COMBINED INSURANCE COMPANY OF AMERICA

No. 11692.

467 P.2d 707 (1970)

Martin NELSON, Plaintiff and Respondent, v. COMBINED INSURANCE COMPANY OF AMERICA, an Illinois Insurance Company, Defendant and Appellant.

Supreme Court of Montana.

Decided April 2, 1970.

Rehearing Denied May 6, 1970.


Attorney(s) appearing for the Case

Herron & Reber, Clayton Herron, Joseph E. Reber, Jr. (argued), Helena, for defendant and appellant.

Kelly & Secrest, William T. Kelly (argued), Billings, for plaintiff and respondent.


HASWELL, Justice.

In an action to recover benefits under a disability insurance policy, the policyholder was awarded $736 disability benefits and $5,000 punitive damages by jury verdict in the district court of Lewis and Clark county. From the judgment on that verdict, the order denying defendant judgment notwithstanding the verdict, and the order denying a new trial, defendant insurance company appeals.

Plaintiff is Martin Nelson, age 54, employed as a tire...

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