Franklin Life Ins. Co. v. Brantley

THOMAS, Justice.

The suit was on a policy of insurance for disability benefit.

The case was submitted on count B and other pleadings in short by consent.

It is established that, when a contract is clearly stated and expresses the intent of the parties, it will be so applied. McGifford v. Protective Life Ins. Co., 227 Ala. 588, 151 So. 349; Northam v. Metropolitan Life Ins. Co., ante, p. 105, 163 So. 635; Irwin v. Baggett et al., ante, p. 324, 164 So. 745.

Appellant propounds the question of the failure of proof as to the making of due proof of disability and that of the waiver of indorsement of…