Wood v. Prudential Insurance Co. of America

This is an action of assumpsit upon an insurance policy commenced by summons issued on April 9,1931. It grows out of the failure of appellant, The Prudential Insurance Company of America, to pay to the appellee certain instalments which he claims are due him under the provisions of a life insurance policy which had been issued to the plaintiff by the defendant on December 5, 1918. This policy of life insurance contains what is commonly designated as a “permanent disability clause.”

The plaintiff’s declaration consists of a special count upon the policy and the consolidated common counts. In…