Robison v. Brotherhood of Railroad Trainmen Ins. Department, Inc.

FARLEY, Superior Court Judge.

Appellants, who were the plaintiffs below, sought to recover the disability benefits on an insurance policy issued by the defendant-appellee. After a non-jury trial on the merits the court granted the defendant’s motion to dismiss plaintiff’s complaint and for judgment in favor of the defendant. This appeal followed.

There is no dispute as to the facts. The record discloses that the plaintiff, Marion E. Robison, procured the policy of insurance on September 1, 1943, and became disabled on March 1, 1946, while the insurance policy was in full force and effect. The…