Lans v. Mutual Life Insurance

OPINION

BIRDSALL, Chief Judge.

This is an appeal from the dismissal of appellant’s complaint against appellee, Mutual Life Insurance Company of New York (MONY) for failure to state a claim, Rule 12(b)(6), Rules of Civil Procedure, 16 A.R.S.

Appellant Lans purchased MONY’s major medical insurance policy in 1969. The policy contained a provision that for male insureds only, all premiums would be waived in the event of a total disability. No similar provision applied to female insureds and they were required to continue paying premiums in the event of total disability. In 1977 appellant became…