KIMEL v. MISSOURI STATE LIFE INS. CO.

No. 987.

71 F.2d 921 (1934)

KIMEL et al. v. MISSOURI STATE LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

June 8, 1934.


Attorney(s) appearing for the Case

Glenn Porter and Enos E. Hook, both of Wichita, Kan. (H. W. Hart and Getto McDonald, both of Wichita, Kan., on the brief), for appellants.

Arnold C. Todd, of Wichita, Kan. (Julian E. Ralston and Ralph Gore, both of Wichita, Kan., and Allen May, and J. R. Burcham, both of St. Louis, Mo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


PHILLIPS, Circuit Judge.

On September 24, 1921, the Insurance Company issued its policy of life insurance to Harvey O. Kimel, who was then 54 years of age. The pertinent provisions of the policy are set out in note 1.1

Kimel paid the premiums due on July 21 of each year for the years 1925 to 1930, inclusive.

Kimel became totally and permanently disabled within the meaning of the...

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