Peek Estate v. New York Life Insurance

The insured suffered total disability preceding her death, for which her executor made proof. Defendant paid the life insurance, but refused to pay the disability benefit, for the reason that the benefit was, by the terms of the policy, payable only on the specified anniversary of the policy, occurring during the lifetime and continued disability of the insured, and was not payable, either in whole or in part, if the insured was not living on such anniversary. Plaintiff’s claim is:

“That, as Elsie Peek paid in advance for disability protection for one year, that she is entitled to that…