Janney v. Scranton Life Insurance

Opinion by

Mr. Justice Simpson,

Plaintiff sued to recover damages under the total permanent disability provisions, identical in language, in two life insurance policies issued by defendant to him. He obtained a verdict and judgment, and defendant appeals, stating in its brief that three questions are involved:

1. Should the court below have declared as a matter of law that the injuries suffered by plaintiff did not constitute total permanent disability as defined in the policies?

2. Should the court below have declared as a matter of law that plaintiff did not submit to defendant, while the…