[Download] "Superior Insurance Company v. W. E. Kling" by Supreme Court of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Superior Insurance Company v. W. E. Kling
- Author : Supreme Court of Texas
- Release Date : January 29, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The respondent, W. E. Kling, claiming to be an employee of the Kling-Gunter Cotton Gin Company, a partnership, filed his claim with the Industrial Accident Board and received an award for compensation for loss of his left arm below the elbow. The petitioner, Superior Insurance Company, who carried the workmens compensation insurance, appealed. The respondent filed his counterclaim pleading total and permanent disability, or in the alternative, for the specific injury of the loss of the left arm below the elbow, as an employee under the Workmens Compensation Act. He further pleaded that if he were not an employee in contemplation of the Act, nevertheless the petitioner had waived and was estopped to assert that defense and in any event that the policy constituted a contract of indemnity and special insurance whereby petitioner agreed in consideration of the premium, to insure the respondent against accidental injury and to measure his damages according to the terms and provisions and benefits of the workmens compensation law. On a trial before the court without the aid of a jury, judgment was rendered in favor of respondent for total and permanent disability. That judgment has been affirmed by the Court of Civil Appeals. 321 S.W.2d 151.