Marine v. Allstate Insurance Company

HOWARD, Chief Judge.

The appellant filed suit against the ap-pellee to recover disability income benefits allegedly due under a policy of insurance issued by the appellee. The appellee coun*230terclaimed for rescission. At the trial of the action, counsel stipulated that all instructions be waived and that the jury be merely asked for answers to two interrogatories.1 The jury answered the interrogatories in favor of the appellant. The appellee moved for a judgment notwithstanding the verdict and after a hearing on that motion, the court granted the same entering judgment in favor of the defendant…