Moccia v. Metropolitan Life Insurance

The defendant, in 1930, issued to the plaintiff a life insurance policy which, in a rider attached thereto, provided that the defendant, on receipt of "due proof,” on forms furnished by the defendant, that the insured had become totally disabled as the result of bodily injury or disease occurring after the issuance of the policy, and that such disability had continued four months, would waive the payment of premiums on the policy and pay to the plaintiff a stated monthly income.

The plaintiff has brought this action to recover total disability benefits under the policy and premiums paid by…