Equitable Life Assurance Society of United States v. Daniels

Opinion op the Court by

Judge Richardson

Reversing.

The determination of the right of the Equitable Life Assurance Society of the United States to a directed verdict is decisive in this case.

Newt Daniels, an employee of the Consolidation Coal Company at Van Lear, Ky., was the holder of an individual certificate of insurance issued by the Equitable to him as such employee. The policy, in accordance with the terms of which the individual certificate was issued, contains this provision:

“In the event that any employee while insured under the aforesaid policy and before attaining age 60 becomes…