Massachusetts Mut. Life Ins. v. England

This is a suit to recover disability benefits on a policy issued by plaintiff in error to defendant in error in 192-2. The case was tried before the circuit judge without a jury, who rendered a judgment in favor of defendant in error. Upon appeal, the Court of Appeals affirmed the judgment of the trial court. This court granted the writ of certiorari, and the case has been argued.

The applicable provisions of the policy are as follows:

“If the insured, after payment of premiums for the first policy year, and before default in the payment of any subsequent year’s premium, and before attaining…