Frey v. Manhattan Life Ins. Co. of New York

ODOM, Justice.

The defendant issued to plaintiff two life insurance policies, one for $3,000 and the other for $2,000, each dated December 4, 1928. The policies are identical in terms except as to amount, and contain the following stipulations which are pertinent to the issues here involved:

“(1) And upon receipt of due proof that the Insured is totally and presumably permanently disabled before age 60, the Company agrees to pay to the insured Thirty (Twenty in the $2,000.00 policy) Dollars monthly during such disability, increasing after five and ten years of continuous total disability, and…