New York Life Ins. Co. v. Stoner

In my opinion the finding and decision of the majority is contrary to the law of the case. The policies in suit are Missouri contracts and their construction is governed by Missouri law. Turner v. New York Life Insurance Co., 8 Cir., 100 F.2d 193; New York Life Ins. Co. v. Levin, 8 Cir., 102 F.2d 403, 405.

The injury resulting in the insured’s disability occurred on June 29, 1931. From that date until September 29, 1933, the insurance company conceded that the disability was “total and presumably permanent” within the meaning of the policies, paid the insured the benefits provided therein and…