Dietlin

At the time this cause was taken over we were in disagreement with only a portion of the opinion filed herein by the District Court of Appeal, First Appellate District, Division One. We therefore adopt as and for the decision of this court, the following portions of the opinion prepared by Mr. Justice Held, sitting pro tempore with the District Court of Appeal:

We cannot accept the balance of the District Court of Appeal opinion wherein it is held that though there had been a waiver by defendant of proof of disability, nevertheless it was indispensable that plaintiff furnish such proof during the continued existence of the total disability in order to fix the time when payments under the policies first became due. The circumstances of this case are such that plaintiff’s failure to furnish formal proof of disability under the life policies is not fatal to his right to recover on these policies. In our opinion the record indicates that defendant had ample and timely notice and proof of plaintiff’s disability. We fully appreciate that such notice and proof were furnished to the accident division of defendant company or to a representative of that division. However, the important…