Kooker v. Benefit Ass'n of Railway Employees

SAND, Justice.

This is an appeal by the defendant, Benefit Association of Railway Employees, from a judgment entered pursuant to a jury verdict in the district court of Stutsman County, North Dakota, ordering benefit payments to be made to the plaintiff, Richard B. Kooker, as being totally disabled under the terms of the accident insurance policy. The sole issue on appeal is whether or not the trial court erred by giving a certain instruction to the jury.

Mr. Kooker, a brakeman for the Burlington Northern Railroad, purchased an insurance policy from the Benefit Trust Life Insurance Company on…