Brotherhood of Railroad Trainmen Ins. Department of Cleveland v. Green

Appellee, the plaintiff below, seeks a recovery on a policy of insurance issued by appellant. The policy provides for certain benefits in the event of total and permanent disability of the insured. The jury found that he was totally and permanently disabled as the result of a heart attack. Judgment was awarded appellee for the amount sued for, plus interest, the statutory penalty, and an attorney's fee of $600. The insurer appeals.

Under its first point of error appellant contends that the court should have instructed a verdict in its favor on the ground that the application contained untrue…