Massachusetts Protective Ass'n v. Picard

BRYAN, Circuit Judge.

In an action on the health feature of an insurance policy the insured, Dr. Picard, recovered judgment upon a trial held before the district judge without a jury. Pending this appeal by the insurance company the insured died, and his administratrix was substituted as appellee. The only material assignment of error is that the court erred in refusing to grant appellant’s motion for a judgment in its favor.

The policy sued on insures against loss of time resulting from disease which causes total disability and requires the regular and personal attendance of a licensed…