Reliance Life Ins. Co. of Pittsburgh v. Powell

I am unable to agree with the majority opinion, and here state my reason for dissent.

The facts are, as indicated, agreed to and undisputed. It was agreed the policy was in full force and effect and that plaintiff was within all the provisions of the policy at the time of his injury and disability December 15, 1925; that he on that date sustained a total and presumably permanent disability which had continued from such date to the date of the trial and of the agreement, February 9, 1940.

The correctness of the trial court’s judgment and this appeal depend upon the construction of the disability…