Union Mut. Life Ins. v. Friedman

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff has succeeded to the rights and liabilities of the Massachusetts Accident Company. On November 5, 1931, that company issued to the defendant its noncancelable disability policy No. 628,443, by which it promised to pay him, during continuance of total disability from accidental injury or disease the sum of $250 per month. A copy of the application was annexed to the policy and became a part of the insurance contract. The liability of the plaintiff as successor to the Massachusetts Accident Company was fixed by an agreement made on or about February…