Bader v. Travelers Insurance

GRUBB, District Judge.

In this action plaintiff, W. H. Bader, seeks to recover premiums paid for the year 1955, and thereafter, on two policies of life insurance which provide for waiver of premium on total disability of the insured.

Defendant, The Travelers Insurance Company, has moved for partial summary judgment in respect to payments for the years 1959 and 1960. It contends that the pleadings and motion papers establish that plaintiff was not totally disabled within the terms of the premium waiver provisions. In support of its motion, defendant relies principally on certain answers of…