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ATHAN v. FIREMAN'S FUND AM. LIFE INS. CO.

No. 46234.

244 N.W.2d 271 (1976)

Lawrence D. ATHAN, Respondent, v. FIREMAN'S FUND AMERICAN LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

July 9, 1976.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, R. Gregory Stephens and O. C. Adamson II, Minneapolis, for appellant.

James G. Paulos, St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

On this appeal by the insurer from an adverse judgment in plaintiff's action to recover disability benefits, the main question is whether the trial court correctly applied the proper rule to the policy provision in question.

The material facts are not in dispute. Plaintiff, a used car salesman, procured the policy in question through his home mortgage company. The pertinent provisions of the policy are set forth below.1

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