Lucas v. Sun Life Assurance Co.

DEVITT, District Judge,

Plaintiff, as widow of .the insured, brings this action to recover disability benefits and refund of premiums paid during disability of insured on a life insurance policy issued by defendant to the insured in February of 1930. The matter is before the Court on defendant’s motion for summary judgment.

In her complaint it is alleged that the insured was totally and permanently disabled as a result of multiple sclerosis from August 1943 until his death in 1954. Plaintiff further alleges that she did not know of the existence of the policy until after decedent’s death and…