Cobb v. Mutual Life Insurance

The defendant moved for a nonsuit at the close of the plaintiff’s case and renewed the same at the close of all the evidence. Decision of this motion was reserved by the trial court and the case was sent to the jury for a general verdict upon the issues. After the jury returned a verdict in favor of the plaintiff, the trial court granted the nonsuit motion upon the narrow ground that the plaintiff had failed to comply with the terms of the policy in the submission to the defendant of due proof that he was totally and permanently disabled. That was the only question decided by the trial court…