Allen v. Travelers Insurance

Pécora, J.

The action is by the committee of an incompetent to recover disability benefits and other privileges arising from such disability under a life insurance policy issued to the incompetent in 1623 by the defendant company for the face amount of $50,000.

The permanent disability provisions, so far as relevant, read as follows:

“ Permanent Total Disability Benefits.

“ Upon due proof that since the payment of the initial premium upon this contract, before a default in the payment of any subsequent premium, and before the anniversary of this contract nearest to the sixtieth anniversary of the…