Patrick v. Travelers Insurance

1. Where in an action ex contractu it is sought to recover of an insurance company a sum alleged to be due the plaintiff as a disability benefit under a life-insurance policy issued to him which provided for the payment of benefits to him upon a disability, and the plaintiff dies, the suit may be carried on by his executor or administrator, as provided in section 5598 of the Civil Code of 1910.

2. Section 5598 of the Civil Code of 1910, which provides that “when a plaintiff in any cause now or hereafter pending shall die, the executor *778or administrator of such plaintiff may be made party,”…