{
  "id": 1724114,
  "name": "Old American Life Ins. Co. v. Theodore Williams",
  "name_abbreviation": "Old American Life Ins. v. Williams",
  "decision_date": "1966-10-24",
  "docket_number": "5-3998",
  "first_page": "250",
  "last_page": "252",
  "citations": [
    {
      "type": "official",
      "cite": "241 Ark. 250"
    },
    {
      "type": "parallel",
      "cite": "407 S.W.2d 110"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:36:03.113111+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Old American Life Ins. Co. v. Theodore Williams"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nIn this action upon a health and accident insurance policy the plaintiff recovered the full amount sued for: Six hundred dollars for the loss of sight in his right eye, $63.27 for temporary disability, the statutory penalty, and an attorney\u2019s fee of $1,000. In substance there are three contentions for reversal. (At the outset we deny the appellee\u2019s motion for affirmance under Rule 9, as we find the abstract of the record to be sufficient.)\nFirst, the insurer insists that the plaintiff\u2019s right eye had been sightless for several years before it was surgically removed following an accident in 1965. In the court below this was an issue of fact upon which the testimony is in conflict. Williams testified that before the accident he could see well enough with his right eye to recognize people and \u201cto tell time and do things.\u201d There is some medical evidence to the contrary, but Williams \u2019s testimony is amply sufficient to support the trial court\u2019s finding of fact.\nSecond, the appellant argues that the court should have deducted from the judgment the amount of premiums accruing between the filing of the complaint and the date of trial. This argument is without merit, not only because it is raised in this court for the first time but also because the plaintiff\u2019s right to recover was not dependent upon the policy\u2019s having been in force at the time of trial. As far as the record shows, the insured may have intended for the policy to lapse.\nThird, the insurer correctly contends that the trial court allowed an excessive attorney\u2019s fee. The total recovery was $663.27. That is the whole case; the judgment does not establish any right in the plaintiff for an additional recovery in the future. We are of the opinion that a fee of $600 for counsel\u2019s services in the trial court and in this court is the maximum that should be awarded.\nWith the indicated modification the judgment is affirmed. Under Rule 24 (c) the appellant recovers its costs.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Jack Young, for appellant.",
      "L. A. Hardin, for appellee."
    ],
    "corrections": "",
    "head_matter": "Old American Life Ins. Co. v. Theodore Williams\n5-3998\n407 S. W. 2d 110\nOpinion delivered October 24, 1966\nJack Young, for appellant.\nL. A. Hardin, for appellee."
  },
  "file_name": "0250-01",
  "first_page_order": 272,
  "last_page_order": 274
}