Dietlin

J.—Plaintiff brought two actions seeking to recover on three insurance policies issued by the defendant company. One of these actions (superior court No. 212,-855) involved an accident insurance policy and the other (superior court No. 217,765) was based upon two life insurance policies. The actions were consolidated and tried by the court sitting without a jury. Separate judgments were entered in favor of plaintiff, from which judgments defendant appeals upon a bill of exceptions.

Both actions involved the rights of plaintiff under the disability clauses of the policies and we will first outline the nature of plaintiff’s injuries and disability as disclosed by the evidence. Plaintiff was a plastering contractor and in his application for the accident policy he “fully described” his occupation and the duties thereof as “Plastering Contractor—Office, Estimating and Supervising Duties Only”. On February 18, 1929, and while all the policies were in force, plaintiff fell from a scaffolding and sustained injuries consisting of fractures of both heel bones and a wrenched back. He was confined to a hospital for approximately four months and about a month thereafter was able “to get…