PRUDENTIAL INS. CO. OF AMERICA v. FAULKNER

No. 839.

68 F.2d 676 (1934)

PRUDENTIAL INS. CO. OF AMERICA v. FAULKNER.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 28, 1934.


Attorney(s) appearing for the Case

Grant H. Bagley, of Salt Lake City, Utah (Waldemar Van Cott, P. T. Farnsworth, Jr., W. Q. Van Cott, and B. R. Howell, all of Salt Lake City, Utah, on the brief), for appellant.

A. H. Hougaard and B. P. Leverich, both of Salt Lake City, Utah, for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

The parties will be denominated as they were in the trial court. Defendant issued a group insurance policy insuring certain of its employees, including plaintiff. The policy provides, among other things, that if any person insured under its terms shall become totally and permanently disabled, either physically or mentally, from any cause whatsoever to such an extent that he is rendered wholly, continuously, and permanently unable to engage...

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