Opinion
Gen. No. 9,475. (Abstract of Decision.)
Opinion filed April 26, 1940 Rehearing denied June 18, 1940
INSURANCE, § 498.6 — disability, sufficiency of evidence. In action against insurer to recover total and permanent disability payments, plaintiff failed to prove incapacitation where there was considerable testimony showing that plaintiff had worked as a W. P. A. laborer for more than 3 years after the accident occurred, and notice of disability as required by policy was not proven by testimony of plaintiff that he wrote a letter to the insurer, there being no statement to show that the letter was ever stamped or mailed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Lake county; Hon. RALPH J. DADY, presiding.
Affirmed. Heard in this court at October term, 1939.
Krohn Mac Donald, Sidney Rothblatt and Harry Jaffe, for appellant;
Stuart B. Krohn, of counsel;
Mayer, Meyer, Austrian Platt and Hall Hulse, for appellee;
Miles G. Seeley, Albert L. Hall, Harry A Hall and Marshall Meyer of Counsel.
"Not to be published in full." Opinion filed April 26, 1940; rehearing denied June 18, 1940.