Cobb v. Mutual Life Insurance Co. of New York

Opinion by

Rhodes, J.,

Defendant has appealed from judgment in favor of plaintiff in the ‘amount of $2,903.96, 1 its' motions for judgment n. o. v. and a new trial having been overruled.

This action in assumpsit was brought by plaintiff to recover total and permanent disability benefits alleged to be due under two insurance policies issued by defendant, and for refund of premiums paid. Tbe policies contain substantially tbe -same -clauses as to total and .permanent disability benefits; tbey are printed in tbe margin. 2

Plaintiff, who was 53 years of age in 1940, was in an automobile accident on…