Binder v. General American Life Ins. Co.

The question presented for decision on this appeal is whether the facts alleged in the complaint are sufficient to constitute any cause of action against the defendant insurance company for the recovery of specified disability benefits upon a policy of insurance issued to Emil R. Binder on July 5, 1923, and five annual premiums which had .been paid to the company during an alleged period of disability. The policy of insurance contained the following provision: “If the Insured shall furnish due proof that, prior to policy anniversary on which he attains age sixty, nearest birthday, he has been…