McKown v. State Mutual Life Assurance Co.

Opinion by

Cunningham, J.,

The action below was assumpsit to recover certain disability benefits alleged to be due under a life insurance policy issued to the plaintiff by the defendant company, and for the return of certain premiums paid under protest by plaintiff to defendant, the payment of which plaintiff alleged defendant had waived. A verdict was returned in favor of the plaintiff in the sum of $2,340.65; defendant’s motions for judgment n. o. v. or a new trial were denied; and it has appealed from the judgment entered upon the verdict.

The following facts were not controverted: On June…