Pacific Mutual Life Insurance v. Matz

Action to recover certain monthly payments for disability under the terms of an insurance policy. Judgment entered in a sum not questioned as to amount.

June 8, 1930; the company issued to plaintiff in action its policy of insurance, whereby it agreed to pay him the stipulated monthly amounts in case he should become permanently totally disabled. In February, 1932, plaintiff alleges he suffered an injury resulting’ in permanent disa bility. At tbe close of plaintiff’s case, the company informally contended that, in aid of recovery plaintiff should be required to submit to a surgical operation,…