McGuinness v. New York Life Insurance

It is plaintiff’s contention that disability income payments became due from defendant from the time the disability occurred on August 26, 1942, and it is defendant’s contention that disability income payments became due from January 19, 1944, the date upon which notice was received by the defendant.

Section 1 of the policy in question is entitled “disability benefits” and clause 1 of the contract states:

“Disability benefits shall be effective upon receipt at the company’s home office, ... of due proof that the insured became totally and permanently disabled after he received this policy. . .…