Metropolitan Life Insurance v. Lehmann

Hall, Presiding Judge.

In a suit to collect disability benefits under a group insurance policy, the defendant appeals from the denial of its motion for a physical and mental examination of the plaintiff.

Plaintiff alleges that he suffered a heart attack on April 28, 1969, and has been permanently and totally disabled since then. The evidence shows that plaintiff first consulted a physician on June 4, 1969, who certified his disability as of April 28. This report was submitted to defendant’s agent at plaintiff’s place of employment. In August of 1969 defendant denied benefits on the grounds that…