&198tna Life Ins. Co. v. Cornelius

BOULDIN, Justice.

The action is to recover the “Permanent Total Disability Benefit” in a policy of insurance. The policy stipulates for payment of such benefit if the insured “becomes totally disabled before age sixty and if the disability will presumably prevent the employee [insured] for life from engaging in any occupation or employment for wage or profit.”

The evidence was not without conflict on the issue of total disability. We will not review the same. The court below erred in giving the affirmative charge for plaintiff.

The insured had, by inquisition proceedings, been adjudged a non…