Legal Opinion · Dissent

Mutual Life Insurance Co. of N. Y. v. Barron

Court of Appeals of Georgia

Decided December 4, 1943No. 30041Published

1Dissent

In my opinion the evidence demanded a finding that Dr. Barron was only partially disabled and was gainfully employed at the time the insurance company refused to continue payment of the total-disability benefits; and that the verdict in favor of the plaintiff was contrary to law and the evidence.

ON MOTION FOR REHEARING.

In its motion for a rehearing, the plaintiff in error contends that "the fact that at the time the contract of insurance in this case was issued in 1925, the only decisions of the appellate courts of Georgia construing the words `total and permanent disability' were the…

2Cases cited10 opinions

  1. Tidal Oil Co. v. FlanaganSupreme Court of the United States · 1924
  2. Cato v. Ætna Life InsuranceSupreme Court of Georgia · 1927
  3. People ex rel. Rice v. GravesAppellate Division of the Supreme Court of the State of New York · 1934
  4. Heist v. Dunlap CompanySupreme Court of Georgia · 1942
  5. Parten v. Jefferson Standard Life InsuranceCourt of Appeals of Georgia · 1923

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