LINCOLN NAT. LIFE INS. CO. v. GHIO

No. 11665.

111 F.2d 307 (1940)

LINCOLN NAT. LIFE INS. CO. v. GHIO.

Circuit Court of Appeals, Eighth Circuit.

May 6, 1940.


Attorney(s) appearing for the Case

James C. Jones, Jr., of St. Louis, Mo. (James C. Jones, W. A. Welker, and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellant.

Richmond C. Coburn, of St. Louis, Mo. (Hartley Pollock, Jr., Thomas L. Croft, and Thompson, Mitchell, Thompson & Young, all of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a declaratory judgment in favor of an insured (appellee) in a suit brought by appellant upon four policies of life insurance issued by it to the insured on November 6, 1928. Each of these policies contained the same provisions for waiver of premiums in case of the total and permanent disability of the insured. The provisions, so far as here pertinent, read:

"If the Insured, at any time before the policy anniversary...

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