Koeberl v. Equitable Life Assurance Society of the United States

STONE, Justice.

Plaintiff appeals from an order denying Ms alternative motion for amended findings or a new trial.

The action is upon a combined life and disability insurance policy; its purpose to recover as for permanent total disability, thus defined by the policy:

“Disability is total when it prevents the insured from engaging in any occupation or performing any work for compensation of financial value.”

There was a provision concerning “presumably permanent” disability and another stopping benefits whenever “such total disability has been terminated.”

December 8, 1930, the policy in force,…