Krausz v. Travelers Insurance Co. of Hartford

We fully agree with Justice O’Malley that the plaintiff cannot recover for premiums paid to the defendant before proof of disability, which by the terms of the policy is made a condition precedent to the waiver of premiums. For similar reasons, we conclude that the plaintiff may not recover for any disability benefits that might have accrued previous to the expiration of six months after receipt by the defendant of proof of disability.

The language of the policy seems to preclude a result which requires the plaintiff to pay premiums to the defendant during the time that it requires the…