Equitable Life Assur. Soc. of the United States v. Davis

BRICKEN, Presiding Judge.

This is the second appeal in this case.

Under the policy sued on it was incumbent on the plaintiff to furnish evidence that he furnished due proof of disability within one year from the date of the commencement of the disability; that is, such a statement of fact, reasonably verified, as, if- established in court, would prima facie require payment of the claim. Equitable Life Assurance Society of U. S. v. Foster, 230 Ala. 209, 160 So. 117; Equitable Life Assur. Soc. v. Dorriety, 229 Ala. 352, 157 So. 59.

The proof of claim furnished by the insured appears in this record…