Hablutzel v. Home Life Insurance Co.

Action to compel the specific performance of certain provisions of a life insurance policy issued by defendant to plaintiff and to recover premiums paid under said policy during a permanent disability of plaintiff. The judgment for plaintiff was affirmed by the St. Louis Court of Appeals and the case certified to this court on the dissent of a judge of that court. [Hablutzel v. Home Life Ins. Co., 52 S. W. (2d) 480.]

The policy was issued on June 1, 1915. It contains a “permanent disability benefit” provision. In April, 1920, plaintiff became permanently disabled. In ignorance of this…