Newberger v. New York Life Insurance

These actions of assumpsit were heard in the superior court on the defendant’s demurrer to the amended declaration in each case. They are now before us on the plaintiff’s exception to the decision of that court sustaining the demurrer.

The same question is involved in both cases. The actions are brought by the insured’s executrix to recover certain disability benefits alleged to be due under two life insurance policies issued by the defendant. The provisions of the policies are identical except for the dates and amounts. It appears from the amended declarations that the first policy was taken…