Miller v. Mutual Life Insurance Co.

1 Reported in 289 N.W. 399. This is an appeal from an order of the district court for Murray county sustaining a demurrer to defendant's answer on the ground that facts constituting a defense were not pleaded.

The complaint consists of four causes of action to recover under four life insurance policies issued by defendant to plaintiff for total and permanent disability benefits. Defendant paid these benefits from 1932 to 1937. Thereafter it refused. This action was instituted to recover the amount of the unpaid benefits. Plaintiff founds his claim upon the provisions of the policies which read: