Ellis v. New York Life Ins. Co.

The suit is for recovery on two life insurance policies under the total disability clauses' therein. The action of the trial court in giving the affirmative charge for the defendant is the only question here presented. These clauses and the salient features of the evidence appear in the report of the case.

The sums claimed were payable on the anniversary of the policies and conditioned upon the continued disability. As a condition to the right of recovery under these clauses the policies provided that the insured should have become “wholly disabled by bodily injury or disease so that he is and…