Mallard v. . Insurance Co.

The evidence tended to show that on 24 March, 1924, the defendant issued and delivered to the plaintiff a certain policy of insurance, providing that: "If the insured becomes totally and permanently disabled and is thereby prevented from performing any work or conducting any business for compensation or profit, . . . the company will, if there has been no default in the payment of premiums, waive the payment of all premiums falling due during such disability after the receipt of such proof;

"If such disability existed before the insured attained the age of sixty years, the company will pay to…