Trainor v. Mutual Life Ins.

STONE, District Judge.

The plaintiff claims disability benefits from June 24, 1939, of $100 per month, and a refund of premiums paid by him since that date together with the specific performance of the terms of the insurance contract issued to him by defendant on January 4, 1926. The policy provides, among other things, that “if the insured is totally and presumably permanently disabled before age 60, (the Company) will pay to the insured $100 monthly during such disability besides waiving premiums, all upon conditions set forth in Section 2.” Section 2 provides:

"Section 2. Benefits in Event…