(Download) "Lewis v. Metropolitan Life Insurance" by Supreme Court of Michigan # eBook PDF Kindle ePub Free

July 10, 2021

eBook details

Title: Lewis v. Metropolitan Life Insurance
Author : Supreme Court of Michigan
Release Date : January 26, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Robert E. and Elsie M. Lewis brought a complaint against Metropolitan Insurance Company for payment under an insurance policy for loss of sight in one eye of plaintiff Robert E. Lewis. Genesee Circuit Court, Donald R. Freeman, J., granted summary judgment for the defendant. The Court of Appeals, Quinn, P. J., and D. E. Holbrook and D. F. Walsh, JJ., reversed (Docket No. 21336). Defendant applies for leave to appeal to resolve a conflict between panels of the Court of Appeals in the meaning of ""total and irrecoverable loss of sight of one eye"" in an insurance contract. Held: The existence of peripheral vision in the injured eye presents a close factual question whether the plaintiff's injured eye is of any practical use to him. His physician's testimony is that to use the injured eye, the plaintiff would have to turn his head. Presumably, if allowed to hear his and other testimony, the trier of fact would be better able than this Court to determine whether plaintiff's right eye is or can be of any practical use or benefit to him. Giving the benefit of every reasonable doubt to the plaintiff, the Court is not satisfied that it will be impossible for him to support his claim at trial. The insurance policy should be interpreted to require loss of all practical use of the eye, not blindness in the literal sense. The test should be whether the eye is or can be of any practical use or benefit to the insured.