Hendrix v. All American Life & Casualty Co.

MARTIN (Harry C.), Judge.

Defendant argues on appeal, inter alia, that the trial court erred in failing to instruct the jury that plaintiff’s disabling condition must be one that has lasted or would last twenty-four months under the terms of the policy. Defendant’s basic position is that as a matter of law plaintiff failed to prove total disability under the policy. We hold defendant is precluded from raising this objection on appeal.

After a lengthy conference prior to oral argument, the trial court formulated the issue: “Was the Plaintiff, Harley Hendrix, completely and continuously disabled…