Hervitz v. New York Life Insurance

Opinion by

Dithrich, J.,

Plaintiff brought this action in assumpsit to enforce the disability provision of a policy of life insurance issued by the defendant company. The policy provides that monthly payments will be made “. . . provided that ... (2) such total disability began before the anniversary of the Policy on which the Insured’s age at nearest birthday is 60 . . .”

In the statement of claim plaintiff averred that he was born on August 9, 1878, and that he became totally disabled September 14,1938.

Defendant in its affidavit of defense specifically denied that plaintiff was born August 9,…