Penrose v. Commercial Travelers Insurance Co.

275 P.2d 969 (1954)

Wayne C. PENROSE, Plaintiff-Respondent,

v.

COMMERCIAL TRAVELERS INSURANCE COMPANY, a corporation, Defendant-Appellant.

No. 8129.

Supreme Court of Idaho.

October 29, 1954.

Merrill & Merrill, Pocatello, for appellant.

Anderson & Anderson, Pocatello, for respondent.

THOMAS, Justice.

Plaintiff, hereinafter referred to as respondent, instituted an action to recover monthly sick benefit payments under an insurance policy issued to him on November 15, 1945, by defendant, hereinafter referred to as appellant. The matter was tried before a jury. At the close of the evidence appellant made a…