Pearlstein v. New York Life Insurance

(xentjng, J.

Tbe action was brought for the recovery of disability payments allegedly due under the provisions of a policy of insurance issued by the defendant on the life of Hyman Pearlstein, deceased. Plaintiff was the beneficiary named in said policy. The motion is made by the insurer for summary judgment pursuant to rule 113 of the Rules of Civil Practice. This motion presents a single question of law, namely: whether or not the disability provisions in the policy require that proof of claim of the insured’s total and permanent disability must be submitted to the defendant during the…