Catalano v. Prudential Insurance Co. of America

Rhodes, J.,

Opinion by

Plaintiff brought this action in assumpsit against defendant to recover total and permanent disability benefits alleged to be due under an insurance policy. The relevant provision of the policy is printed in the margin.

In October, 1937, plaintiff underwent an operation. Disability benefits were paid to Mm at tbe rate of $100 per month 2 to and including June, 1938. In July, 1938, defendant notified plaintiff that it was restoring his policy to a premium paying basis, and refused to pay any further monthly benefits. Its position was that plaintiff was not totally and…