Kuhnle v. Mutual Life Insurance Co. of New York

Robinson, J. —

This is an action for the recovery of total permanent disability benefits, under a life insurance policy issued by the appellant on December 2, 1921, to Albert Kuhnle. The accident alleged to have caused total disability occurred April 16, 1935. A claim was made against the appellant insurance company in May, 1936, and was rejected by it in November, 1936. This action was not brought until May, 1942. In the meantime, the respondent continued to pay his premiums in full. The benefits which the policy provides if total permanent disability be established are thirty dollars per…