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CONTINENTAL CASUALTY CO. v. JOHNSON

No. 7798.

103 F.2d 199 (1939)

CONTINENTAL CASUALTY CO. v. JOHNSON.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1939.

Attorney(s) appearing for the Case

Frank X. Cull, of Cleveland, Ohio (Bulkley, Hauxhurst, Inglis & Sharp and Frank X. Cull, all of Cleveland, Ohio, on the brief), for appellant.

George E. Beach, of Cleveland, Ohio (George E. Beach, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

On October 4, 1921, appellant issued to John A. W. Prout its noncancelable income policy in consideration of an annual premium of $110 wherein appellant agreed to pay the insured a monthly indemnity of $500 (later reduced to $400). The undertaking read: "If the Insured, by reason of accidental injury or sickness, shall be unable to perform all the duties pertaining to his occupation, the Company will pay said monthly indemnity so long as he lives...

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