Continental Casualty Co. v. Johnson

HICKS, Circuit Judge.

On October 4, 1921, appellant issued to John A. W. Prout its noncancelable income policy in consideration of an annual premium of $110 wherein appellant agreed to pay the insured a monthly indemnity of $500 (later reduced to $400). The undertaking read: “If the Insured, by reason of accidental injury or sickness, shall be unable to perform all the duties pertaining to his occupation, the Company will pay said monthly indemnity so long as he lives and is physically unable to engage in a gainful occupation.”

Beginning April 14, 1933, and continuing until February, 1935,…