Schmerin v. New York Life Insurance Co.

McDonald, J.,

On June 1, 1959, defendant issued “Non-Cancellable Income Protector Policy,” no. DT-300 835, insuring plaintiff against total disability. The application for said policy dated May 18,1959, was countersigned by defendant’s agent. On May 15, 1961, plaintiff claimed total disability and filed written notice as required by the policy. Defendant refused to make payment, alleging the policy was void.

Plaintiff’s complaint avers the policy was issued and in full force and effect at the time of his disability. He claims monthly payments from the date of disability, totaling $4,400, and…