Mutual Life Insurance Co. of N. Y. v. Barron

1. A doctor of medicine had a life-insurance policy which contained a provision for the payment of total-disability benefits. On January 1, 1927, he furnished the company with proof that he was totally disabled. At the time he became totally disabled he was earning net $700 to $800 per month. The insurance company waived the premiums and began the monthly payments of total-disability benefits, according to the provisions of the policy, and continuously paid them through February, 1942, after which time the company refused to make further payments, on the ground that the plaintiff had…