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HOME LIFE INS. CO. OF NEW YORK v. STEWART

No. 2068.

114 F.2d 516 (1940)

HOME LIFE INS. CO. OF NEW YORK v. STEWART.

Circuit Court of Appeals, Tenth Circuit.

September 3, 1940.

Attorney(s) appearing for the Case

J. P. Nordlund, of Denver, Colo. (Wm. E. Hutton, of Denver, Colo., on the brief), for appellant.

Jno. T. Haney and Charles J. Simon, both of Colorado Springs, Colo., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and MURRAH, District Judge.

BRATTON, Circuit Judge.

The policy of disability insurance sued upon contains this provision: "The irrecoverable loss of sight in both eyes or the total and permanent loss by accident or disease of the use of both hands, or both feet, or of one hand and one foot, shall constitute total and permanent disability within the meaning of this agreement without prejudice to any other cause of disability, and in any such case the benefits will accrue from the date of such...

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