Norris v. Travelers Insurance

The opinion of the court was delivered by

Hutchison, J.:

This was an action to recover benefits for per*123manent total disability under the provisions of a life insurance policy, a copy of which was attached to the petition as an exhibit, it being what is called a converted policy because it automatically succeeded a five-year term policy, the provisions of both policies being nearly the same.

The defendant insurance company appeals from an order of the trial court striking from its answer the following defense:

“. . . said disability commenced prior to December 8, 1927, at which time defendant’s…