Penquite v. General Accident, Fire & Life Assurance Corp.

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal from a verdict and judgment against the defendant on an accident insurance policy, wherein three points are especially raised on review: First, res adjudicata; second, sufficiency of notice of disability or waiver thereof; and third, whether or not there is any liability under the policy.

The case was here once before. At that time it was on an appeal *512by the plaintiff from the sustaining-of a demurrer to the petition. The decision of the trial court was affirmed on the ground that the defendant was not liable under its…