Summers v. Prudential Insurance Co. of America

Opinion by

Mr. Justice Drew,

Plaintiff sued in assumpsit upon a policy of life insurance issued to him by defendant. Alleging total and permanent disability, be sought the monthly disability payments provided for in the policy and the return of premiums under the “waiver of premiums” clause, to both of which he was entitled under the terms of the policy, provided the disability occurred after the issuance of the policy. The verdict in plaintiff’s favor included all the monthly benefits that had accrued up to the time of trial, together with the premiums which plaintiff had paid during the…