Rusch v. Prudential Insurance Co. of America

Hilton, Justice.

This is an appeal from an order of the district court denying plaintiff’s motion to set aside and vacate a judgment of dismissal with prejudice entered upon a stipulation between plaintiff, other interested parties, and the defendant.

January 12, 1927, the defendant issued and delivered to the plaintiff its policy of insurance. In addition to death benefits therein provided, defendant agreed to pay to the insured permanent disability benefits in the sum of $100 per month for life and to waive all premiums in the event the insured became “totally and permanently disabled, either…