Prudential Ins. Co. of America v. Pierce's Adm'x

Opinion of the Court by

Stanley, Commissioner

Reversing.

Ballard Pierce was insured by a group policy issued by the appellant to employees of the Louisville & Nashville Railroad Company. He instituted this action to recover an aggregate of $2,000 because of total and permanent disability commencing September 26, 1930, at which time, he pleaded he was under 60 years of age. The health insurance provisions of the policy did not cover employees 60 years of age and older. Pending the trial, the plaintiff died, and the suit was revived by his administratrix. The sole issue submitted to the jury was…