Stroncek v. Berkshire Life Insurance Company

Ronald E. Hachey, Justice. *

This is an appeal by defendant, Berkshire Life Insurance Company, from an order of the trial court denying its motion for judgment notwithstanding the answers to special interrogatories, or, in the alternative, for a new trial.

Plaintiff brought the action to recover monthly benefit payments and for the return of premiums paid pursuant to clauses of an insurance policy which provided for waiver of premiums and monthly benefits to be paid in the event of total disability of the insured. The matter was submitted on special interrogatories to a jury, which found that…