ALESSANDRO v. MASSACHUSETTS CAS. INS. CO.

Docket No. 426.

232 Cal.App.2d 203 (1965)

42 Cal. Rptr. 630

SALVATORE F. ALESSANDRO, Plaintiff and Appellant, v. MASSACHUSETTS CASUALTY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fifth District.

February 11, 1965.


Attorney(s) appearing for the Case

William O. Burt for Plaintiff and Appellant.

Osterman & Soll for Defendant and Respondent.


BROWN (R.M.), J.

Appellant appeals from a defense judgment of the court following a nonjury trial on the merits in his action against the respondent for breach of a contract of disability insurance.

The policy providing for disability benefits was issued by the respondent in 1956. The pertinent terms of the policy are as follows:

"ACCIDENT TOTAL DISABILITY

"If the Insured suffers such accidental bodily injury resulting in a total disability...

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