Julius E. Kern v. Prudential Insurance Company of America, Prudential Insurance Company of America v. Julius E. Kern

VAN OOSTERHOUT, Circuit Judge.

This action was brought by plaintiff Kern to determine his rights under two policies of life insurance issued by the defendant — No. 11,335,891, a $10,000 modified whole life policy hereinafter called the whole life policy, and No. 31,000,481, a $49,000 five-year term policy, expiring June 4, 1956, with conversion privilege, hereinafter called the term policy. Both policies contain provisions for waiver of premium for total permanent disability. The issues presented by this appeal are those raised by the plaintiff’s second amendment to complaint and answer…