Atlantic Life Ins. Co. v. Serio

Smith, O. J.,

delivered the opinion of the court.

The appellant issued a disability insurance policy to the appellee, and this is an appeal from a judgment against it awarding the appellee a recovery for payments alleged to he due him under the policy.

The policy was issued in December, 1919: Afterwards the appellee developed tuberculosis, which in May, 1923, so disabled him as to entitle him to the disability payments provided in the policy, and such payments were made him up to January, 1927. In February, 1927, the appellant advised the appellee that it no longer recognized his claimed…