Frace v. Mutual Life Insurance Co. of New York

Opinion by

Stadteeld, J.,

This is an appeal from the judgment of the court below entered in favor of Mutual Life Insurance Company of New York upon an action in assumpsit brought by Alma L. Hein Frace to recover total and permanent disability benefits under the provisions contained in a contract of life insurance issued by the company to the insured.

The relevant portion of the life insurance policy in respect to benefits in the event of total and permanent disability before the age of 60, sets forth the condition of payment as follows: “that he (insured) has become totally and permanently…