CARR, Presiding Judge.
The plaintiff below sued The Franklin Life Insurance Company for disability benefits under a contract of insurance for the period commencing December 10, 1948 and ending April 10, 1949.
In addition to the general issue the defendant pleaded a provision of the policy which is: "Total Disability. If illness before described shall wholly, necessarily and continuously disable and prevent the Insured from performing each and every duty pertaining...
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