Legare v. West Coast Life Insurance

GOODELL, J., pro tem.

This appeal is from a judgment on a verdict for $2,826.85. The action was brought by the respondent, a policy-holder, to recover from the appellant, an insurance company, the share of the surplus earnings, apportioned at the end of the twenty-year period, to which the respondent claims his policy is entitled. The appellant claims that such share is $1,025.87 and no more, which amount it always has stood ready to pay. The position of the respondent is that the policy contains an outright promise to pay a stated figure as the policy’s share of the surplus earnings, which…