OPINION
POWERS, Justice.
This is an action of assumpsit arising out of a disputed claim to monthly indemnity benefits provided for in a policy of health and accident insurance. It was tried to a superior court justice sitting with a jury and resulted in a verdict for the defendant. The case is before us on the defendant's appeal from the judgment of the trial justice granting the plaintiff's motion for a new trial.
The record establishes that plaintiff...
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