New York Life Ins. Co. v. McGehee

Appellee is the holder of a policy of accident and health insurance issued in 1919 by appellant company. Among the provisions of the policy is the following: ‘ ‘ Whenever the Company receives due proof . . . that the Insured . . . has become wholly disabled by bodily injury or disease so that he is, and will be presumably, thereby permanently and continuously prevented from engaging in any occupation whatsoever for remuneration or profit, ’ ’ the company will, during such disability, pay to the insured annually a sum equal to one-tenth of the face of the policy, and will also waive all annual…