Union Trust Co. v. Guardian Life Insurance Co. of America

Opinion by

Woodside, J.,

This is an appeal from the trial court’s refusal to grant judgment n.o.v. after a verdict for the plaintiff in a suit to recover alleged payments due under the total and permanent disability clause of an insurance policy issued by defendant.

The jury returned a verdict for $1,634 being computed from October 21, 1948 until the date of the verdict.

A contract of insurance was executed between the plaintiff and the defendant July 24, 1922. It contained the following clause:

“If due proof shall be furnished to the company at its home office that the insured before attaining…