Barnett v. Prudential Insurance Co. of America

Plaintiff, Margaret Allen Barnett (Margaret R. Allen before her marriage), sued defendant The Prudential Insurance Company of America, for disability benefits claimed to have accrued to her under the provisions of a life insurance policy which also provided coverage for permanent total disability. Defendant's motion to dismiss was sustained. Plaintiff appeals.

Plaintiff pleaded that she became totally and permanently disabled, within the provisions of the policy, while said policy was in full force and effect, and that such condition continued until the filing of the petition. She pleaded the…