DOWDALL v. COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASSOC.


344 Mass. 71 (1962)

181 N.E.2d 594

THOMAS H. DOWDALL vs. THE COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASSOCIATION OF AMERICA.

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1962.


Attorney(s) appearing for the Case

Monto Rosenthal, (Albert S. Resnick with him,) for the plaintiff.

David H. Fulton, for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.


SPALDING, J.

This is an action on an insurance policy to recover disability benefits. At the close of the evidence the defendant presented a motion for a directed verdict, which was granted, subject to the plaintiff's exception. The judge thereupon reported the case, and the sole question is whether the judge erred in allowing the motion.

It was agreed that the plaintiff was a holder of an insurance policy issued by the defendant on November 10, 1952, and...

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