Occidental Life Insurance Company of California, a Corporation v. Fred W. Nichols

TUTTLE, Circuit Judge.

The appellant, Occidental Life Insurance Company of California issued on November 14, 1951, a life insurance policy to appellee, Fred W. Nichols, in the amount of $35,000. The policy incorporated by reference a supplemental agreement providing for waiver of premiums and disability payments to the appellee in the event of his permanent total disability as a result of injury or disease. The policy named appellee’s wife as beneficiary for the death benefits, and the supplemental agreement designated appellee as the person entitled to receive the disability benefits. The…