United Services Life Ins. Co. v. Ringsdorf

CAYTON, Chief Judge,

In December, 1939 appellant insurance company issued a policy on' the life of ap-pellee, an army officer. In June, 1941 a rider was attached thereto providing for the waiver of premiums in the event the insured became disabled. In January, 1945 insured was retired from the Army because of total and permanent disability, resulting from migraine headaches and arthritis. He presented proofs of his disability to the insurance company, but his claim for waiver of premiums was rejected on the ground that the disabling disease had commenced prior to the issuance of the policy. In…