Mercantile-Commerce Bank & Trust Co. v. Equitable Life Assur. Soc.

HULEN, District Judge.

This action (on jury waived trial) to recover disability benefits and return of premiums on life policy, is before this court for the second time. On the first trial judgment went for plaintiff. D.C., 48 F. Supp. 561. On appeal, the finding of the trial court that the “insured was totally and permanently disabled” during the period in question was affirmed, but the case was remanded for “findings, conclusions, and judgment as to the sufficiency of the proof of loss,” of the claimed “continuous” disability extending through the period involved, with the right to either…