Metropolitan Life Ins. Co. v. Alston

FOSTER, Justice.

The question in this case is whether appellee, suing -appellant, became totally disabled as the result of disease so as to be prevented thereby from engaging in any business or occupation, and performing any work for compensation or profit beginning prior to the annivex-sary date of said policy neai'est to the sixtieth birthday of insured.

The evidence showed that his sixtieth birthday was May 21, 1944; and that the anniversai-y date of his policy nearest that date was January 28, 1944.

On February 21, 1944, insured suffered a critical attack of coronary thrombosis while on his…