CLARKSON v. NEW YORK LIFE INS. CO.

No. 720.

4 F.Supp. 791 (1933)

CLARKSON v. NEW YORK LIFE INS. CO.

District Court, S. D. Florida, Jacksonville Division.

January 17, 1933.


Attorney(s) appearing for the Case

Marks, Marks, Holt, Gray & Yates, of Jacksonville, Fla., for complainant.

Doggett, McCollum, Howell & Doggett, of Jacksonville, Fla., for defendant.


STRUM, District Judge.

Plaintiff sues in equity to restrain the threatened cancellation of six insurance policies issued by defendant upon plaintiff's life, and to recover certain disability benefits under the policies.

One policy contains the provision that "whenever the company receives due proof * * * that the insured * * * has become wholly disabled by bodily injury or disease so that he is and will be presumably, thereby permanently and continuously prevented...

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