Ginell v. Prudential Insurance Co. of America

Hasbrouck, J.:

This is an appeal from a judgment of the Supreme Court of Saratoga county bringing up for review the interpretation of a policy of insurance against physical or mental disability.

The plaintiff, under the age of sixty and having paid the premiums required to place his policy in force, became a victim of tuberculosis and was thereby disabled, with a permanency intended to be covered by the policy. The insurer claims not.

The policy in suit provides that the insurer will waive payment of its premiums during permanent disability; that the insured shall furnish due proof that he…