Halperin v. Equitable Life Assurance Society of United States

Genung, J.:

Two actions are brought by the plaintiff to recover the disability annuity provided in two policies of life insurance, issued by the defendant, and payable in case of the total and permanent disability of the insured. The policy in action No. 1 provides:

“ Total and Permanent Disability. “ If the Insured becomes wholly and permanently disabled before age 60 the Society will waive subsequent premiums and pay to the Insured a disability-annuity OF ONE HUNDRED FIFTY DOLLARS a month * * * by bodily injury or disease * * *.

“ Disability shall be deemed to be total when it is of such an…