Vasil M. Markoff v. New York Life Insurance Company

OPINION

CARR, Senior District Judge.

Appellant Vasil M. Markoff appeals from a summary judgment rendered against him by the District Court for the District of Nevada. Appellant brought this action based upon two life insurance policies issued in 1963 by appellee New York Life Insurance Company. Appellant contended that he had been totally disabled and was therefore entitled to “waiver of premium” benefits pursuant to the two policies.

Prior to instituting this action, appellant filed an action in the Nevada state court for damages and amounts allegedly due under an income protection policy…