Fruchter v. Aetna Life Insurance

CARROLL, Judge.

The appellant Emanuel M. Fruchter, as insured under a policy issued by the appel-*62lee providing for certain monthly payments for total disability, filed an action against the insurer alleging he became totally disabled January 1, 1966; that the insurer made the required monthly benefit payments therefor until May 1, 1969; and that on the latter date the insurer terminated payment. The insured sought recovery of the unpaid monthly disability benefit payments under the policy.

The evidence was in conflict on the issue, material to a determination of the case, of whether the total…