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Booth v. Hartford Accident and Indemnity Co.

Decided: January 25, 1941.

HENRY BOOTH, PLAINTIFF-RESPONDENT,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, DEFENDANT-APPELLANT



On appeal from the Hoboken District Court.

For the plaintiff-respondent, Nathan Baker.

For the defendant-appellant, Wilbur A. Stevens (William Wann, of counsel, and John V. Fiore, on the brief).

Before Justices Trenchard, Bodine and Porter.

Porter

The opinion of the court was delivered by

PORTER, J. This suit was to recover an amount claimed due on an accident policy. The verdict was in favor of the respondent for the sum of $300. The judgment is before us for review on this appeal.

It is not disputed that the respondent was accidentally injured and that he had a policy of insurance in the appellant company covering disability from such injuries; that he filed with appellant a "final proof of loss" and was paid a total of $204 under the policy, the same being based on $20 per week for total disability for a period of ten weeks together with medical expenses of $4. At that time there was no claim made for partial disability. It appears that later the respondent found that the injuries resulted in partial disability, he being unable to do the work he had previously been doing and was assigned to different and lighter work by his employer because of his partial disability.

When the claim was paid a writing was given by respondent to appellant as follows:

"Claim No. N.Y. 35 A 305

City of Jersey City, State of N.J.

Date July 10th, 1939.

Received from Hartford Accident and Indemnity Company the sum of Two Hundred and 00/100 Dollars, in full satisfaction and discharge of all claims and demands against the said company, under policy No. B.I.-1038 in respect of the loss ...


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