Crook v. Prudential Ins.

MILLER, District Judge.

The plaintiff has moved to strike the amended answer which asserts that the alleged cause of action for disability benefits is not vested in the plaintiff, who was the assured under the contract of insurance herein sued on.

The right to receive the disability benefits accrued, according to the amended and supplemental petition, on September 11, 1930. The plaintiff was adjudicated a bankrupt on May 22, 1933. The petition was filed on March 9, 1937. The disability benefits payable after September 11, 1930, are assets of the bankrupt estate to which the trustee in…