Medlin v. Mutual Life Insurance Co.

The sole question presented by the exceptive assignments of error is as to whether the court erred in refusing to allow the defendant’s motion to dismiss the action or for judgment as in case of nonsuit duly lodged when the plaintiff had introduced his evidence and rested his case and renewed when all the evidence on both sides was in. C. S., 567.

The question presented involves the interpretation of and the application to the evidence in the case of the clause in the policy which reads: “that he (the insured) has become totally and permanently disabled by bodily injury or disease, so that he…