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| Trial CourtsGet AdviceLittle Rock, Ark., March 29-OP)-Trial courts passing on total disability insurance cases must give consideration to the business or profession of the insured, the supreme court held today in reiver sing an award for a Helena • surgeon and physician.The high tribunal In setting | aside judgment totalling $2,651, and attorney fees aggregating $2,-250' awarded Dr. William Robert]| Orr, Sr., against two insurancecompanies said Phillips circuit court must consider whether Dr. Orr could perform his duties aal a physician although incapacitated as a surgeon.The trial court had awarded Dr. Orr judgment for $1,419 and a $1,250 attorney fee against the Aetna Life Insurance company and a judgment for $1,232 and a $1,000 attorney fee against the Pacific Mutual Life Insurance company under permanent disability clauses of life insurances policies.Dr. Orr suffered an X-ray bum jon his thumb and several fingersof his right hand August 22, 1941.He contended that the burns totally and permanently dis abled him but the court called attention to testimony that he hadcontinued to practice medicine since the injury.“The trial court in the instructions given at the request of the plaintiff (Orr) treated phycbiansand surgeons as or,., profession; although the defendant (the in-urance companies) specificallypointed out that if Dr. Orr could still engage in the practice of medicine, then he was not totally disabled,” the supreme court said. •‘To recover in this case, Dr. Orr must be disabled both as aphysician and also as a surgeon/’Affirming Sebastian circuit court, the supreme' court ruled that George and Walter Newman.brothers, were joint owners of a95 acre Sebastian county tract aquired by the government in 1941 for Camp Chaffee.George Newman claimed soleownership by virtue of seven years adverse possession, hut the supreme court said testimony indicated Waiter Newman had not abandoned his claims.In another Sebastian, county ca'-e .toe tribunal upheld ?r e year prison sentences assessed Paul Mitchell and Warren Thurman of Tort Smith on bu? clarycharge?. The defendants sought areversal on grounds the prosecuting attorney had amended ti e information after it had been filed but the supreme court said such authority had been granted bythe 1936 criminal law reform act.
Newspaper Details
Northwest Arkansas Times
Fayetteville, Arkansas, US
Mon, Mar 29, 1943
Page 1
Full Page
Clipped by
Rosenberg L.
TX, USA 29 Oct 2022
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