Rein v. the Travelers Insurance Co.

The opinion of the court was delivered by

Perskie, J.

The basic question requiring decision is whether, under the particular proofs in the case at bar, the trial judge erred in permitting the amendment of the ad damnum clause of each of the six counts of the complaint thus entitling plaintiff to recover installments of benefits which had accrued between the commencement of the action and the day of trial and also to recover premiums paid between the same period.

Between the years of 1922 and 1926 plaintiff purchased six policies of life insurance of defendant. Each policy contained a provision…