Culver v. Metropolitan Life Insurance

Layton, C. J.,

delivering the opinion of the Court:

The declaration alleges that “the insured in said policy became totally and permanently disabled as a result of bodily injury or disease.” The defendant has demurred, saying that the declaration is uncertain and indefinite in that material facts are stated in the alternative, and that it is impossible to determine whether the plaintiff relies upon disability resulting from bodily injury or disability result-an disease.

Our system of pleading consists of the rules and system of common law pleading as they existed at the time of our independence,…