Prudential Ins. Co. of America v. Faulkner

The pertinent provisions of the group policy are set out in Note 1a, and the certificates issued to insured in Note 1b.

*683It will be noted from the italicized portion of the provisions of the policy set out in Note Ia that there were alternative methods for payment of the total and permanent disability benefits, one in the lump sum of $8,000 and the other in installments aggregating $8,616, as the employer under the group policy might elect. The employer in the instant case is also the Insurance Company.

The majority hold that when the Insurance Company failed, after the proofs of disability were…