Mutual Life Ins. v. Davis

McCORD, Circuit Judge.

The Mutual Life Insurance Company of New York issued a policy of insurance, which among other things, provided for the payment of $100 per month and waiver of payment of premiums in the event that Maurice J. Muller, the insured, became totally and permanently disabled within the provisions of the policy.

The insured made proof of total and permanent disability to the Insurance Company, claiming that on June 13, 1936, he suffered a complete heart block. Thereafter the Insurance Company paid him the monthly payments of $100 and waived the premiums that became due up to and…