Sovereign Camp, W. O. W. v. Barton

BOULDIN, Justice.

On former appeal (Sovereign Camp, W. O. W. v. Barton, 230 Ala. 293, 160 So. 684), the complaint, on which the trial was had, alleged that plaintiff, the insured, had furnished to the insurer satisfactory proof of permanent total disability while the policy was in force and effect. We held the plaintiff had the burden of proving this averment in this action to recover the disability benefit, that in the absence of such proof defendant was entitled to an affirmative instruction ; that the issue of waiver of proof presented by special replications to pleas was never reached.

After…