Whitehead v. Mutual Life Insurance

Plaintiff has appealed from a judgment of the Schenectady County Trial Term entered on the verdict of a jury in favor of defendant Insurance Company, and also from an order denying his motion for a new trial.

The action was brought to recover $5,933 claimed as disability benefits under two policies of life insurance issued by defendant to plaintiff on February 9, 1925. The policies are identical in form except as to the amount of insurance. These policies provided that the insurer upon proof that the insured “ has become totally and permanently disabled by bodily injury or disease, so that he…