Minnesota Mutual Life Insurance Company, a Minnesota Corporation v. Maxwell M. Wright

SANBORN, Circuit Judge

(dissenting).

I am unable to convince myself (1) that, under the evidence and applicable Minnesota law, the plaintiff made a case for the jury; (2) that the letters of the General Counsel of the defendant expressing his opinion with respect to the interpretation of the disability provision of the policy were admissible in evidence or should have been submitted to the jury; and (3) that the instruction relative to the letters, which, in effect, left “[t]he weight of such interpretation by defendant” to the determination of the jury, was harmless. ^

I would reverse.