Pacific Mutual Life Insurance v. Jordan

Appellee instituted this suit against appellant to recover certain monthly benefits under a contract of disability insurance in which appellee was indemnified against total and permanent disability prior to attaining sixty years of age. The execution of the contract and payment of all premiums thereon, are expressly admitted. Appellee, in his complaint, alleged that on January 15,1927, he suffered total and permanent disability, and within 120 days thereafter gave to the insurer due notice thereof and filed proof of disability, but that appellant refused to pay the monthly indemnity provided…