Mutual Life Ins. Co. of New York v. Dause

Opinion of the Court by

Judge Ratliee

Reversing.

Iu March, 1921, the Mutual Life Insurance Company of New York (hereinafter referred to as the Mutual Life) issued to C. P. Dause, a farmer of Pulaski county, Ky., two insurance policies in the sum of $5,000 each in case of death, and each of which contained a-“total and permanent disability” clause, by which the Mutual Life contracted (a) to pay Dause $50 per month in the event of his disability; (b) these provisions, were to accrue to Dause only when he could furnish due proof to the company at its home office that helms become totally and…