## Facts

- Harry C. Greguhn worked primarily as a brick mason for over 20 years and had limited formal education.
- United Benefit Life Insurance Company (1962) and Mutual of Omaha Insurance Company (1964) issued Greguhn accident and health policies covering loss from accidental bodily injury and providing benefits for “loss of time”/total disability as defined by each policy.
- On September 21, 1964, Greguhn injured his back while working on a scaffold; after the incident he suffered severe back problems and could not return to brick masonry work.
- Both insurers initially paid disability benefits but stopped in June 1965, asserting Greguhn was no longer totally disabled under the policies.
- Greguhn sued each insurer for unpaid benefits; the cases were consolidated for trial.

## Issues

1. Whether sufficient evidence supported the jury’s finding that Greguhn was “totally disabled” under the policy definitions and that his disability resulted directly and independently from the accident.
2. Whether the insurers’ cessation of payments constituted a repudiation permitting a present lump-sum award of all future installment benefits.

## Decision

- The court affirmed the jury’s finding that Greguhn was totally disabled within the meaning of the policies and that the accident was the effective cause of the disability.
- The court reversed the portion of the judgment awarding a lump-sum for future benefits.
- The case was remanded with directions to modify the judgment by striking the award of future installments, leaving recovery limited to benefits accrued through trial.

## Legal Principles

- “Total disability” in disability policies may be evaluated practically in light of whether the insured can perform gainful work for which the insured is reasonably fitted by education, training, or experience.
- An accidental injury may be treated as the direct and independent cause of disability even if it aggravates a preexisting condition, so long as the accident is the efficient cause of the resulting disability.
- In a unilateral contract requiring payment of money in periodic installments (including disability benefits conditioned on continued disability), repudiation does not create an anticipatory breach of installments not yet due; the insured may recover only installments that have matured, suing later if future payments are wrongfully withheld.
- Where future payments remain contingent (e.g., recovery or death), courts generally will not accelerate or aggregate those installments into a present damages award.

## Conclusion

The Utah Supreme Court sustained the finding of accident-caused total disability but held that stopping benefit payments did not allow acceleration of contingent, unmatured installments; the insured could recover only past-due benefits and must pursue future installments, if necessary, as they become due.


Greguhn v. Mutual of Omaha Ins. Co., 23 Utah 2d 214, 461 P.2d 285 (Utah 1969)