Padway v. Pacific Mut. Life Ins. Co. of California

STONE, District Judge.

The defendants have moved for a summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c, on the basis of material facts admitted by plaintiff.

Plaintiff contends that on July 22, 1936, he was the holder of two non-cancellable income policies, referred to herein as “non-can” policies, which had been issued to him by the defendant, the Pacific Mutual Life Insurance Company of California, referred to herein as the “Old Company”; that the policies insured plaintiff against disability resulting from accident or…