Holtz v. New York Life Insurance

Layton, C. J.,

delivering the opinion of the Court:

This is an action to recover disability benefits under a policy of insurance issued by the defendant to the plaintiff’s intestate on November 25, 1921.

By its policy the defendant contracted to pay to the insured one per centum of the face value of the policy each month “during the lifetime of the insured and also to waive the payment of premiums, if the insured becomes wholly and permanently disabled before age sixty, subject to all the terms and conditions contained in section 1 hereof.”

By section 1, it is provided, inter alla, that

“Disability…