Guardian Life Insurance Co. of America v. Barry

This is a second appeal of this cause. No. 26931, 213 Ind. 56, 10 N. E. (2d) 614.

By his amended and supplemental complaints, appellee seeks to recover for total and permanent disability benefits, as provided for in a policy of life insurance issued to appellee by appellants, and the return of the premiums paid after the date of his alleged total permanent disability, together with the interest thereon.

A copy of the policy was attached to the complaint, and that part of the policy, under which appellee claimed liability, provided for the payment of a monthly income of $10 per month during…