United Insurance Company of America v. Pounders

We conclude on application for rehearing that we should, and we do, withdraw the original opinion and substitute this pronouncement which we think responds to the issues presented on this appeal. We adhere to approved appellate procedure under the rules and decisions of this Court.

The plaintiff-appellee recovered judgment on his amended complaint against defendant on a disability insurance contract between them for the present value of remaining disability payments alleged to be due before suit was filed in the Circuit Court of Franklin County. It is alleged that such payments were…