Herskovitz v. Travelers Insurance

The action is to recover disability payments on a life insurance policy payable in event that the insured becomes wholly disabled by bodily injuries or disease.

Plaintiff moved for leave to serve a supplemental complaint under section 245-b of the Civil Practice Act, to set up additional disability payments claimed to have fallen due after the commencement of the action. Defendant made a cross motion applying for a physical or, more accurately stated, a mental examination of the plaintiff. The said motion was granted on terms, viz., “ that Martin Herskovitz, the plaintiff herein, submit to an…