Lemarr v. Metropolitan Life Ins. Co.

This is an action to recover disability benefits under a group policy. Tbe certificate or policy sued upon was issued in 1927 and was kept in force until after August 17, 1937, when the insured Clyde Lemarr, plaintiff below, alleges he became totally and permanently disabled by reason of insanity. The present suit was instituted July 7, 1939, and resulted in a directed verdict in favor of the defendant at the conclusion of all the proof.

Plaintiff Lemarr filed a motion for a new trial which was overruled, and he has appealed in error to this court insisting that the court erred in the…