Travelers Ins. Co. v. Greenfield

WALLER, Circuit Judge.

The Insured, claiming a continuance of an alleged total and permanent disability for which he had, from March, 1936, to April, 1944, received disability payments and waiver of premiums, sought in the Court below a declaratory judgment approximately five months after the Insurance Company had discontinued waiving premiums and making disability payments of $103.27 per month. The Plaintiff’s suit was filed September 6, 1944, and the maximum amount of disability payments that could have accrued up to the time of filing the suit was $515.35. No premium had become due…