Elder v. Western & Southern Life Insurance

Per Curiam,

The Western & Southern Life Insurance Company issued two industrial policies to John D. Elder, the plaintiff. There was a disability provision attached to the policies which provided that if the insured shall “lose permanently the sight of both eyes, the company will pay,” etc.

At the time the policies were issued, the plaintiff had lost the sight of one eye and the agent of the company knew that it had been lost. The company contends that the disability following the loss of the second eye was not within the coverage of the policies.

In Humphreys v. Benefit Assn., 139 Pa. 264, 20 A.…