Dyer

This is an appeal from a judgment in an action on a war risk insurance policy issued to Omey E. Dyer, herein referred to as the decedent. On motion of the defendant, appellee, the learned trial court instructed the jury to return a verdict for the defendant. “My analysis of the testimony in this case,” said the court, “is that the plaintiff has not shown that he in fact became totally and permanently disabled between the date of the issuance of the policy until the time it elapsed, as required by the policy and the law; that there is no evidence, as I view it, at all upon which to predicate a verdict of the jury, or a decree of the court.”

It was stipulated at the trial “that Omey E. Dyer entered the United States Army August 5, 1918, and was honorably discharged April 23, 1919; that on August 8, 1918, he applied for and received a policy of insurance in the amount of $10,009.00, payable in monthly installments of $57.50 per month; that the policy was in force by virtue of the actual payment of premium, and including the grace period, to midnight of May 31, 1919; that Omey E. Dyer, died May 1, 1929; and that his father, Charles E. Dyer, is the beneficiary named in Omey E. Dyer’s…