Metropolitan Life Ins. v. Pitcher

HUTCHESON, Circuit Judge.

The suit was for disability benefits provided for in contracts supplementary to two life policies and for statutory penalties and attorney’s fees. The claim was that within the contract terms, plaintiff, a school teacher, had become “totally and permanently disabled * * * so as to be prevented thereby, from engaging in any occupation and performing any work for compensation or profit,” and that defendant had without just or reasonable cause within the statute withheld the monthly payments due.

The defense was that plaintiff is, and for the period in suit has been,…