Mutual Life Ins. v. Tormohlen

KERNER, Circuit Judge.

Plaintiff insurance company brought an action against the defendants pursuant to the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400, seeking a decree that it was no longer obligated to make disability payments to defendants under five policies of life insurance upon the life of Herbert V. Tormohlen.

In its complaint plaintiff alleged that since April 1, 1937, it was under no obligation to resume the payment of monthly disability benefits. The defendants answered that plaintiff was under an obligation to continue the payment of disability benefits, since the insured…