John Hancock Mut. Life Ins. v. Spurgeon

delivered tbe opinion of the Court.

Spurgeon, hereafter referred to as plaintiff, was insured under a group policy issued to employes of tlie Tennessee Eastman Corporation. Tlie policy insured each employe against total disability. On October 10, 1937, this action was commenced to recover on tlie policy. It was stated in the declaration and shown by proof that plaintiff became totally disabled on February 7, 1937, and gave notice of the disability August 16, 1937. The company denied that plaintiff was totally and permanently disabled, but, if so, said he did not become disabled while the…