Hovhanesian v. New York Life Insurance

This is an action to recover for disability on a policy of life insurance which also includes a provision for annual disability payments “if the Insured becomes wholly and permanently disabled . . . subject to all the terms and conditions contained in Section 1 hereof.”

“Section 1” defines the “Total and Permanent Disability Benefits” and, in so far as material to the grounds of this decision, provides that whenever the company receives due proof, before default in the payment of premium, that the insured “has become wholly disabled by bodily injury or disease so that he is and will be…