Israel v. Travelers Insurance Co.

The opinion of the court was delivered by

WolfsKeil, J.

Plaintiff sued for monthly disability benefits under a policy of insurance issued to him by defendant and for the return of a premium paid under protest. The verdict was for the plaintiff. From the judgment entered thereon defendant appeals.

The argued grounds of appeal are that the trial judge erroneously refused to grant motions for a nonsuit and for direction of a verdict for defendant. Each motion was predicated upon the ground that the disability of the plaintiff was not such as to bring him within the purview of the policy which…