Nichols v. Pacific Mut. Life Ins.

GARDNER, Circuit Judge.

This is an appeal from an order denying appellant’s motion to dissolve a temporary injunction which restrained him from prosecuting in the state court an action at law on an insurance policy issued by appellee and which appellee was suing to cancel. The parties will be referred to as they appeared below.

The policy is referred to as a disability policy, and it provided for indemnity for loss of time occasioned by accident or sickness. It appears from the bill of complaint that in 1925, plaintiff insurance company issued to Nichols its policy providing for payments of…