Horton v. New York Life Insurance

Defendant moves for summary judgment. The facts are conceded for the purpose of this motion, and they are as follows: Deceased was wholly disabled from October 19, 1943, to July 2,1945, when he died. Proof of such disability was made and received December 22,1941, when it then existed not less than sixty days. Defendant made payments during that period of $2,000 on October 7, 1943, and $2,000 on October 7, 3944. The insured was less than sixty years of age at the onset of the disability. The anniversary of the policy is October 7th.

*396Plaintiff contends that deceased was entitled to receive…