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

ROBERT L. TAYLOR, District Judge.

This action grew out of refusal by the defendant to pay to plaintiff disability benefits alleged to be due under a policy of insurance which provides a death benefit of $5,000 and specified monthly payments in the event of total permanent disability. The complaint is in four counts, the substance of each being set out below.

In the first count, plaintiff sues for the accrued monthly benefits, plus interest thereon, plus the statutory penalty of 25% of the recovery, plus premiums paid since commencement of disability, with interest.

Plaintiff, in the second…