Continental American Life Insurance Co. v. McCain

STEPHENSON, Justice.

This is a suit on an insurance policy, for disability benefits. Trial was by jury and judgment was rendered for plaintiff. The parties will be referred to here as they were in the trial court.

Defendant contends first that the undisputed evidence shows that plaintiff gave no notice of claim for disability and made no proof of loss as required by the insurance policy.

The portions of the policy pertaining to notice of claim and proof of loss are as follows:

“Written notice of claim must be given to the Company within twenty days after the occurrence or commencement of any loss…