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OCCIDENTAL LIFE INS. CO. OF CALIFORNIA v. VERVACK

No. 5-4593.

429 S.W.2d 116 (1968)

244 Ark. 1231

OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Appellant, v. Jules VERVACK, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 15, 1968.

Attorney(s) appearing for the Case

Dobbs, Pryor & Shaver, Ft. Smith, for appellant.

Warner, Warner, Ragon & Smith, Ft. Smith, for appellee.

BYRD, Justice.

Occidental Life Insurance Company of California appeals from a verdict upon its disability policy in favor of appellee Jules Vervack. The points relied upon for reversal are:

I. The plaintiff failed to establish total disability in that his doctor never said that he was totally disabled, only that he could not work full time, and the plaintiff simply concluded that he was unemployable on less than full time without supporting facts or basis...

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