Potter v. Metropolitan Life Insurance

Kenwoethey, J.,

Opinion by

• Plaintiff wag the beneficiary named in an insurance policy on the life of bis mother, Yera Potter. The policy wag dated June 7, 1937. The insured died March 2, 1938. The trial resulted in a verdict for plaintiff. Defendant has appealed from the refusal of its motions for judgment n. o. v. and for new trial.

The question is whether plaintiff met the burden of showing that the medical-attention which insured received within two years prior to the date of the issuance of the policy was not for a serious disease, injury or physical or mental condition.

It must be taken to…