Facts

Weyman Cox purchased an insurance policy from Paul Revere Life Insurance Co. in 1992, which provided lifetime benefits in the case of total disability. The monthly payment differed following the first three years, depending on whether the disability was due to injury or sickness. In 1994, Cox had a retinal detachment in his left eye, which she stated resulted from a snowmobiling accident, and in 1998 he reported a retinal detachment in his right eye from golfing. In December 2004, Cox claimed he could no longer perform his occupation after he developed cataracts in both eyes. Paul Revere paid the claim as a sickness, giving Cox full benefits until April 2008, followed by a reduction of benefits thereafter.

Cox filed suit against Paul Revere, alleging breach of contract and breach of good faith and fair dealing.

PLAINTIFF'S CONTENTIONS:
Cox contended that his injury was due to injury by the 1994 accidents.

DEFENDANT'S CONTENTIONS:
Paul Revere alleged Cox's disability was due to sickness, and that the retinal detachment in Cox's left eye was spontaneous, not from snowmobiling.

Damages

Cox sought an additional $6,480 per month following the three-year initial payment period.

Result

The jury rendered a verdict for the defense.

Deliberation

four hours

Poll

7-0

Length

four days