ÆTNA LIFE INS. CO. v. KEPLER

No. 11762.

116 F.2d 1 (1941)

ÆTNA LIFE INS. CO. v. KEPLER.

Circuit Court of Appeals, Eighth Circuit.

January 2, 1941.


Attorney(s) appearing for the Case

Berkeley Cox, of Hartford, Conn., and Ralph M. West, of Omaha, Neb. (Norris Brown and Robert A. Fitch, both of Omaha, Neb., on the brief), for appellant.

Wymer Dressler, of Omaha, Neb. (Robert D. Neely, of Omaha, Neb., on the brief), for appellee.

Before SANBORN and THOMAS, Circuit Judges, and DEWEY, District Judge.


SANBORN, Circuit Judge.

The Aetna Life Insurance Company on September 20, 1921, issued to James Paul Kepler, then a resident of Omaha, Nebraska, a yearly renewable, noncancellable disability policy, which called for an annual premium of $60 and provided for benefits of $300 a month in case of total and permanent disability. The insured brought this action in 1939 to recover such benefits, upon the claim that he became totally and permanently disabled in April, 1937...

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