Mutual Life Insurance Co. of New York v. Jay

Flanagan, P. J. —

This is an action brought by, appellee, Lola B. Jay, against appellant, The Mutual Life Insurance Company of New York, to recover disability benefits alleged to be due appellee under a certain policy of life insurance issued her by appellant, and to recover premiums which appellee alleged she paid upon appellant’s wrongful refusal to waive them. The sole issue of fact is whether or not appellee was totally and permanently disabled within the terms of the policy from November, 1939 to and including September, 1940.

Trial was had before a jury which returned a verdict in favor…