Sebastianelli v. Prudential Insurance Co. of America

Opinion by

Mr. Justice Stern,

Plaintiff owned a policy of life insurance issued by defendant company. The policy provided also for total and permanent disability benefits. Plaintiff worked from time to time at various occupations, and finally as a miner. In the course of the latter employment he was injured on May 23, 1934, by a piece of rock falling on his leg. On November 15, 1934, he filed with defendant due proof of disability, but the company disallowed the claim. Subsequently he brought suit to recover the disability benefits and also the premiums which he had continued to pay after the…