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PRUDENTIAL INS. CO. OF AMERICA v. MURPHY

No. 5167.

74 F.2d 544 (1935)

PRUDENTIAL INS. CO. OF AMERICA v. MURPHY.

Circuit Court of Appeals, Seventh Circuit.

January 18, 1935.

Attorney(s) appearing for the Case

John S. Sprowls and Lyman T. Powell, Jr., both of Superior, Wis. (Powell & Sprowls, of Superior, Wis., and Crassweller & Crassweller, of Duluth, Minn., of counsel), for appellant.

Peter B. Cadigan, of Superior, Wis., and Willis E. Donley, of Menomonie, Wis., for appellee.

Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.

ALSCHULER, Circuit Judge.

The suit was based on the disability clause of a policy of life and disability insurance for $15,000, dated April 2, 1928. The clause provided that in case the assured, before the age of sixty, became totally and permanently disabled so as to render him wholly, continuously, and permanently unable to engage in any occupation, or to perform any work for any kind of compensation of financial value during the remainder of his lifetime, the company...

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