Robert C. Roe v. General American Life Insurance Co. And Phillips Petroleum Co.

McWILLIAMS, Circuit Judge.

This appeal concerns a suit brought by an insured against an insurance company over a disability insurance policy issued the former by the latter. In a trial to the court, the district court found that the insured had ceased being “disabled,” as that term is used in the policy of disability insurance, and that the insurer was justified in terminating disability payments. The district court further entered judgment in favor of the insurance company and against the insured on the company’s counterclaim which was based on certain disability payments paid the insured…