Hawes v. Travelers Insurance

SWINFORD, District Judge.

This is an action in which the plaintiff seeks a declaration of his rights under the terms of an insurance policy issued to him by the defendant on September 12, 1939. The plaintiff prays that the court declare him to be totally and permanently disabled within the terms and meaning of the policy and from that fact adjudge that the waiver of premiums provisions of the policy is now in effect. He further asks that the defendant refund all premiums which he has paid under the policy, under protest, since June 15, 1953.

The plaintiff is a professional soldier. At the time…