Graham v. Equitable Life Assurance Society of United States

(dissenting) — I find myself unable to agree with the majority, and therefore respectfully dissent.

The majority bottom their opinion upon the decisions of Hawkins v. John Hancock Mutual Life Ins. Co., reported in 205 Iowa 760, 218 N. W. 313; Ginell v. Prudential Ins. Co., 237 N. Y. 554, 143 N. E. 740; Garden v. New England Mutual Life Ins. Co., 218 Iowa 1094, 254 N. W. 287.

So it becomes necessary to examine what the policy in each of these cases provides:

In the Garden case the clause reads as follows:

“Upon receipt of due- proof that the Insured has become * * * incapacitated so as to be…