Western & Southern Life Insurance v. Smith

Woods, Judge:

This appeal is taken from the action of the circuit court of Jackson county in refusing to enjoin further suits for disability benefits under certain insurance contracts issued to Benjamin Franklin Smith, and in dismissing plaintiff’s original and amended and supplemental bills.

Smith had three policies with the plaintiff company. The third, which was issued in 1927, contained a disability clause-.. Shortly thereafter a like clause was incorporated in each of the former policies, upon the same physical examination submitted with (the application for the third policy. In July,.…