Prudential Insurance Co. of America v. Dismore

Opinion of the Court by

Stanley, Commissioner

Beversing.

In Prudential Insurance Co. of America v. Dismore, 254 Ky. 725, 72 S. W. (2d) 433, a judgment for $840 recovered by George E. Dismore on a health insurance policy because of total and permanent disability for a period of 12 months ending September 4, 1933, was affirmed. The company denied disability, but did not plead the provisions of the policy, which, in effect, denied the right of the plaintiff to recover in the ab sence of notice and proof, and we held it was not entitled to the benefit of certain anticipatory allegations of the…