Dowdall v. Commercial Travelers Mutual Accident Ass'n of America

This is an action on an insurance policy to recover disability benefits. At the close of the evidence the defendant presented a motion for a directed verdict, which was granted, subject to the plaintiff’s exception. The judge thereupon reported the case, and the sole question is whether the judge erred in allowing the motion.

It was agreed that the plaintiff was a holder of an insurance policy issued by the defendant on November 10, 1952, and that the plaintiff had paid the required premiums up to the time he became incapacitated. The policy provided for weekly payments of $50 for a period of…