New York Life Ins. Co. v. Torrance

The suit was to recover under the “permanent total disability” clause of three separate life insurance policies issued by defendant, two of which are identical, and the third differing only in minor respects, not essential here to note. In each it is provided that in order for the disability benefit to attach, the insured must become disabled before the anniversary of the policy on which the-insured’s age at nearest birthday is sixty years. Plaintiff became sixty years of age on September 30,1928. The anniversary of the first two policies (in point of time of issuance) nearest to plaintiff’s…