Boyarsky v. Travelers Ins.

HULBERT, District Judge.

This is an action at law, tried to the court, a jury having been waived.

The plaintiff seeks damages for breach of a contract of indemnity issued by the defendant dated June 8, 1931, whereby the defendant, in consideration of the payment of a premium of $233.80 annually, agreed to pay to Tillie Boyarsky, wife of the insured, immediately upon receipt of due proof of his death, the sum of $10,000, and by a “rider” and the payment of an additional annual premium of $43.40, the defendant “upon due proof, following notice of claim submitted during the lifetime of the…