Astrin v. Metropolitan Life Insurance

Opinion by

Mr. Justice Linn,

The plaintiff sued for $7,269.50, of which $5,000.00, at the rate of $50.00 per month from April 1, 1926, to [November 15, 1934, was claimed as insurance against total and permanent disability, and $2,269.50, the amount of premiums alleged to have been “wrongfully received” by the insurer from June 18, 1926, to December 18, 1934. The policy was issued at Bayonne, N. J., December 8, 1923, and, inter alia, provided “that if . . . the Company receives due proof that the Insured, as the result of injury or disease occurring and originating after the issuance of the…