New York Life Ins. Co. v. Best

Mrs. Sarah E. Best, the complainant, filed her bill on the equity side of the county court to recover a benefit of ten dollars per month payable under a life insurance policy issued by the appellant upon her life, which also contained a ten dollar per month benefit. The pertinent part of the policy upon liability is as follows:

“And upon receipt of due proof that the insured is totally and presumably permanently disabled before age sixty as defined under ‘Total and Permanent Disability’ on the second page hereof, the company agrees to pay to the insured a monthly income of ten dollars…