Smith v. &198tna Life Ins. Co.

Opinion op the Court by

Judge Rees —

Reversing.

On April 13, 1923, the .¿Etna Life Insurance Company issued to the South East Coal Company a group insurance policy by the terms of which it insured all the employees of the coal company under sixty years of age. The policy provided that if any employee became totally and permanently disabled the insurer would upon receipt of due proof at its home office of the total and permanent disability of such employee, pay immediate disability benefits. The policy continued in force until January 1, 1932, when it was canceled.

The appellant, George Thomas…