Marshall v. Equitable Life Assur. Soc.

MARTIN, Circuit Judge.

The appellee insurance company on January 8, 1923, issued to appellant’s intestate a policy of life insurance embracing a front page promise that “if the Insured becomes wholly and permanently disabled before age 60, the Society will waive subsequent premiums and pay to the Insured a Disability-Annuity of One Hundred Fifty Dollars a month subject to the terms and conditions on the third page hereof.”

On the third page, the policy provided: “Disability benefits before age 60 shall be effective upon receipt of due proof, * * * that the Insured became totally and permanently…