Katz v. New York Life Insurance Co.

The present action was for disability benefits under a policy of insurance. The disability occurred November 10th, 1938. The plaintiff was entitled to payments if the disability occurred “before the anniversary of the policy on which the insured’s age at nearest birthday is sixty.”

The question for the trier of the facts was, what was plaintiff’s age on June 5th, 1938, the policy anniversary. This court cannot disturb a District Court finding of fact where there is evidence to support it, nor review findings of fact on conflicting evidence. However, when the trial judge does not perform a…