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EQUITABLE LIFE ASSURANCE SOCIETY OF U. S. v. NEILL

No. 16029.

243 F.2d 193 (1957)

The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant, v. Clyde H. NEILL, Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 1957.

Attorney(s) appearing for the Case

L. S. Julian, Miami, Fla., Shutts, Bowen, Simmons, Prevatt & Julian, Miami, Fla., of counsel, for appellant.

Joe Creel, Miami, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

After paying to the assured, Dr. Neill, monthly benefits of $100.00 under each of two total disability policies1 since 1932, the insurance company denied liability after September 15, 1951, on the ground that he was no longer disabled within the meaning of the contract. The insurer now appeals from judgment entered on a jury verdict in favor of Dr. Neill.

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