New York Life Ins. v. Lowe

HOLMES, Circuit Judge.

Marion E. Lowe holds two policies of life insurance, which contain the usual disability and double indemnity provisions, one issued by appellant in 1924 and the other in 1926. In 1930, Lowe was discovered to be suffering from Buerger’s disease (thrombo angiitis obliterans), which rendered him totally and permanently disabled. He was paid disability benefits under the policy and premiums thereon were waived until February 1, 1940, on which date the insurer discovered for the first time that Lowe had symptoms of the disease from which his disability resulted prior to the…