John D. Holcomb v. Prudential Insurance Company of America

JOHN R. BROWN, Circuit Judge.

This diversity case, tried to the court largely on stipulated facts, raises the narrow issue of the correct interpretation of an income protection policy. The District Court entered judgment in favor of the insurer. Finding that the District Court erred as a matter of law in its interpretation of the insurance policy, we reverse. 1

I. Facts

Plaintiff John Holcomb sustained an accidental injury on September 17, 1971. As a result of this injury, Holcomb was totally disabled from that date until November 2, 1971. Holcomb again became disabled on January 1, 1971 and has…