Guardian Life Insurance Co. v. Johnson

Appellee brought suit against appellant in the circuit court of Miller County to recover $1,000 penalty and attorney’s fee for total disability benefits on two policies issued to him by appellant. It was alleged in the complaint that appellee suffered total disability on March 5, 1932, within the meaning of the disability clauses in said policies. The total disability clauses were defined in the policies to be “disability caused by # * # disease which wholly prevents the insured from engaging in any business or occupation or performing any work for compensation, gain, or profit.”

A petition in…