MUSIC v. UNITED INS. CO.

No. 35730.

59 Wn.2d 765 (1962)

370 P.2d 603

FRED A. MUSIC, Appellant, v. UNITED INSURANCE COMPANY OF AMERICA, Respondent.

The Supreme Court of Washington, Department One.

April 12, 1962.


Attorney(s) appearing for the Case

John J. Costello (of Walthew, Warner & Keefe), for appellant.

Richard C. Reed (of Brethorst, Fowler, Bateman, Reed & McClure), for respondent.


WEAVER, J.

This is an action to recover disability benefits under an accident insurance policy issued by defendant insurance company to plaintiff.

The court sustained defendant's challenge to the sufficiency of the evidence and plaintiff appeals from the judgment dismissing his action with prejudice.

June 27, 1951, plaintiff, a 54-year-old logger, secured the policy in question. The policy insured plaintiff

"... against loss of life, limb,...

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