Picard v. Mutual Life Ins. Co. of New York

The insured’s cause of action in this suit is identical with that urged by him in the Federal Court case, it being based on the insurance company’s refusal in April, 1944, to make monthly payments, under the provisions of three insurance policies, for an alleged continuing disability that commenced in 1931 from a heart attack suffered in 1927. Thus, both causes present the primary single question of whether or not the insured in April, 1944, was disabled within the meaning and intendment of the policies’ provisions. Of course, each contains an issue respecting the awarding of statutory…