Mutual Life Ins. v. Landry

HUTCHESON, Circuit Judge.

Appellee, Landry, is the insured in a life insurance policy which under conditions named in clause 31 entitled him to “disability benefits in event of total and permanent disability before age sixty”. On March 26, 1943, while no premium was in default, but after he had attained the age of sixty years, plaintiff advised the company that he had been totally and permanently disabled since 1937, and applied to it for disability forms. His request rejected on the ground that he was not entitled to disability benefits because he had not, as required by the policy, made…