Schoen v. American National Insurance

This is an action on an insurance policy for disability benefits (Count 1) and to recover premiums paid (Count 2) after commencement of disability. Plaintiff had a verdict on both counts, for the full amount claimed but later entered a remittitur to cover the six months waiting period of the policy and certain items of interest. The court sustained defendant’s motion for new trial on the grounds that it should have directed a verdict for defendant and because of error in plaintiff’s instructions. (However, the same legal question is involved on all grounds.) Plaintiff has appealed from this…