Mutual Life Ins. Co. of N.Y. v. McElrath

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellee held an ordinary life policy of the appellant company, which, in addition to its obligation to pay a certain sum upon the death of the insured, provided for the payment of an annuity of $50 per month upon proof that the holder had become totally and permanently disabled, either by injury or disease so that he was or would be permanently, continuously, and wholly prevented from performing any gainful occupation.

It was also written in the policy that if the insured become totally disabled from performing any work for gain or profit,…