Burns v. Combined Insurance Co. of America

This is an action of contract brought originally by James H. Burns, Jr. (Burns), in which he sought to recover benefits for total disability under a group insurance policy issued by the defendant, Combined Insurance Company of America (America), to Burns’ employer, Interstate National Corporation (Interstate). Burns died while the action was pending. His widow, as administra-trix of his estate, was substituted as party plaintiff

America’s answer alleged in substance (1) that Burns was not covered under the policy at the time his total disability commenced and (2) that he had not filed a proper…