Silverman v. New York Life Ins.

This is an action of contract in which the plaintiff as administratrix of the estate of Casper Silver-man, the insured, seeks to recover a disability payment claimed to be due under a policy of insurance. At the trial there was evidence tending to show that the defendant issued in 1920 its policy on the life of Casper Silverman in the face amount of $5,000.00. Said policy was a life insurance policy but contained in addition the following provisions:

“Section 1 — TOTAL AND PERMANENT DISABILITY BENEFITS.

“Whenever the Company receives due proof, before default in the payment of premium, that the…