Moyer v. ætna Life Ins. Co.

MARIS, Circuit Judge.

The plaintiff brought suit upon two policies of life insurance issued by the defendant upon the life of Charles Moyer, the plaintiff’s Husband. Each of the policies provides for benefits including waiver of premiums in the event of total and permanent disability. Premiums were paid to August and October, 1929, respectively, but none thereafter. The insured died August 16, 1931. Suit was originally instituted for the face amount of the policies as death benefits. The defense was that the policies had lapsed because of failure of payment of premium. The plaintiff amended to…