Dellenbaugh v. Great American Life Insurance

The opinion of the court was delivered by

Harvey, J.:

This was an action on the total and permanent disability provisions of a life insurance policy. The trial court found generally for plaintiff. Defendant has appealed, and contends (1) the evidence does not support a finding of total permanent disability as defined in the policy; and (2) under the circumstances it was plaintiff’s duty to submit to an operation.

The action was brought on a life insurance policy issued by defendant to plaintiff July 25, 1921, and on which the premiums had been paid. In addition to features of the policy not here…