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

This is an action to recover disability benefits under two policies of insurance issued to plaintiff by the defendant Mutual Life Insurance Company in the year 1928. The company paid benefits from 1936 until December 1940 when it declined to make further payments and the present suit was instituted in April 1941. The trial was before the court and a jury and there was a verdict and judgment for plaintiff for accrued benefits with interest and twenty-five percent penalty.

The trial court declined to grant defendant a new trial and it has appealed in error to this court, insisting that the court…