New York Life Ins. Co. v. Bain

Ethridge, P. J.,

delivered, the opinion of the court.

The appellant issued a policy in favor of the appellee which, among other things, provided for benefit in case of total and permanent disability. The provision involved reads as follows:

“Whenever the company receives due proof, before default in the payment of premium, that the Insured, before the anniversary of the policy on which the Insured’s age at nearest birthday is sixty years and subsequent -to the delivery hereof, has become wholly disabled by bodily injury or disease so that he is and will be presumably, thereby permanently and…