Wersba v. Equitable Life Assurance Society of United States

This action was instituted to recover disability benefits under seven policies of life insurance issued by the defendant on plaintiff’s life. The policies were written between 1929 *211and 1933. The first four contained provisions for disability payments and waiver of premiums, while the others provided only for a waiver of premium in the event of disability. The recovery sought includes monthly disability income installments and refunds of premiums which were paid under protest.

The plaintiff represented in his applications in reference to the first four policies, (1) that he never received any…