James B. Henderson v. National Fidelity Life Insurance Company

MURRAH, Circuit Judge.

This diversity suit was brought by appellant, Henderson, against appellee Insurance Company, alleging the breach and repudiation of its health and accident policy, by the terms of which it agreed to pay appellant insured stated sums at stated intervals, while the insured was totally and continuously disabled.

It was alleged that under the bilateral obligations of the policy, the insured was required, after disability, to continue paying the premiums, to remain under the doctor’s care, and submit to examination by the appellee’s doctors when requested; that subsequent to…