Joiner v. Metropolitan Life Insurance

JenKins, 1?. J.

Diability under the policy of group insurance sued on was conditioned and dependent on the decedent’s remaining in the service of his employer, the railway company, up to the time of his death. The court granted a nonsuit, on the theory that the employment had been previously terminated; and the only question for determination in this case is as to whether there was an issue of fact on that question. Whatever might be the rule as to the burden of proof on this question (see, in this connection, Duval v. Metropolitan Life Ins. Co., 82 N. H. 543, 136 Atl. 400; Travelers Ins. Co.…