Hayes v. Prudential Insurance Co. of America

Maxwell, President:

This action is based on the disability clause of a life insurance policy. The case is here on writ of error awarded the defendant to a judgment against it, on verdict, in favor of the plaintiff for $3,073.61.

The policy, issued February 3, 1926, for $5,000.00, provided that upon total disability of the insured, the insurer would waive the premiums on the policy during the disability and pay $5(100 per month. The prefatory portion of the disability clause reads:

"If the insured shall, become totally and permanently disabled, either physically or mentally, from any cause…