Kithcart v. Metropolitan Life Ins. Co.

REEVES, District Judge.

Motions have been filed in both the above cases to strike out certain allegations of the petitions. The question presented by such motions is whether the plaintiffs are presently entitled to recover future installments in ease of disability benefits.

Both plaintiffs held disability insurance contracts. These provided for the payment of specified ^installments upon a showing of total disability. In each ease proofs of such disability were tendered, and in No. 8389 payments were actually made for a brief period, but in each case liability has been denied by the defendants.…