Vardaman v. Benefit Ass'n of Railway Employees

CARR, Presiding Judge.

This is a suit on a policy of insurance which provides benefits for disability resulting from illness of the insured.

The complaint is stated in two counts lettered AA and BB. The judge of the court below sustained demurrers to both counts of the complaint. The insured suffered a nonsuit and this appeal followed. Title 7, Sec. 819, Code 1940.

This is the third appeal of this cause of action to this court. 36 Ala.App. 411, 57 So.2d 122; 37 Ala.App. 285, 67 So.2d 91.

The complaints in the former trials and Count AA in the instant case claimed benefits from March 2, 1948, the…