Gareis v. Benefit Ass'n of Railway Emp. Ins. Co.

Sheran, Justice.

Appeal from a judgment of the district court.

In an action instituted to recover benefits for a confining disability under a health and accident policy, the trial court, confirming answers to special interrogatories submitted to a jury, entered findings of fact and conclusions of law on the basis of which the judgment for the insured was ordered and entered.

Upon appeal, the issues are these:(1) Is a disease which damages the central nervous system through deterioration of brain cells, thereby resulting in loss of memory, and which may ultimately result in impairment of the…