Silverman v. Massachusetts Mutual Life Insurance

Memorandum by the Court.

In connection with the waiver of annual life insurance premiums in the event of the total disability of the insured before reaching the age of 60, section 158 (subd. 2, par. [c]) of the Insurance Law requires every policy to provide for written notice of claim to be given during the lifetime of the insured and during the period of total disability, or as soon thereafter as reasonably possible. Defendant’s policy follows this statutory language, but provides further that no claim shall be allowed unless due proof thereof is received within six months after the…