Wyche v. . Insurance Co.

Civil action to recover 1934 annual premium on insurance policy paid under protest.

The facts are these:

1. On 26 February, 1919, the defendant issued to the plaintiff a policy of insurance containing, among other things, the following provisions:

"TOTAL AND PERMANENT DISABILITY BENEFITS.

"Whenever the company receives due proof, before default in the payment of premium, that the insured, before the anniversary of the policy on which the insured's age at nearest birthday is 60 years and subsequent to the delivery hereof, has become wholly disabled by bodily injury or disease so that he is and…