OCCIDENTAL LIFE INSURANCE COMPANY OF CAL. v. Nichols

GOODWYN, Justice.

Appellee, Fred W. Nichols, brought suit against appellant, Occidental Life Insurance Company of California, to recover disability benefits ($350 per month for two months) and return of a premium paid ($1,-213.80) as provided for in a policy of insurance issued to him by the appellant. A jury verdict was rendered in favor of plaintiff and a judgment thereon was duly entered. The defendant’s motion for a new trial being overruled, it brought this appeal.

The policy sued on provides for payment of $35,000 on death of the insured and disability benefits of $350 per month for…