Jenkins v. Mutual Life Insurance Co. of New York

Opinion by

Keller, P. J.,

This was an action in assumpsit to recover total and permanent disability benefits under a life insurance policy. The court below entered judgment for the defendant on an affidavit of defense raising questions of law under section 20 of the Practice Act of 1915, P. L. 483. The judgment must be affirmed.

The policy was issued on March 4, 1926, when the insured was fifty-three and a half years old. He was born on September 4, 1872.

The policy provided that “if the insured is totally and presumably permanently disabled before age 60 [the insurance company] will pay to the…