SCHILK v. BENEFIT TRUST LIFE INS. CO.

Docket No. 24841.

273 Cal.App.2d 302 (1969)

78 Cal. Rptr. 60

AUGUST R. SCHILK, Plaintiff and Respondent, v. BENEFIT TRUST LIFE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

May 23, 1969.


Attorney(s) appearing for the Case

Maloney, Chase, Fisher & Hurst, John R. Maloney and Michael E. Myers for Defendant and Appellant.

Hildebrand, McLeod & Nelson, Sea & Hanna and Donald M. Sea for Plaintiff and Respondent.


TAYLOR, J.

On this appeal by Benefit Trust Life Insurance Company, hereafter the insurer, from an adverse judgment in respondent's action to recover permanent disability benefits, the main question is whether the trial court correctly applied the "process of nature" rule to the policy provision in question.

As there are no contentions concerning the sufficiency of the evidence, a brief statement of the facts, substantially as found by the trial court, will...

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