Carlton D. Klein v. John Hancock Mutual Life Insurance Company, a Foreign Corporation

CLARK, Circuit Judge:

This is an appeal by Carlton D. Klein from a summary judgment on behalf of John Hancock Mutual Life Insurance Company (John Hancock) entered by the district court below. We reverse.

Appellant is insured under five life insurance policies issued by John Hancock. Each of these policies contains a provision whereby John Hancock agrees to waive payment of premiums in the event the policyholder establishes that he is totally disabled.

Klein first filed a waiver claim in June of 1976. At that time, his physician, Dr. David Katzin, submitted to John Hancock statements of total…