SAUL v. NEW YORK LIFE INS. CO.

No. 8402.

92 F.2d 665 (1937)

SAUL v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 8, 1937.


Attorney(s) appearing for the Case

A. S. Grove, of Atlanta, Ga., for appellant.

Grover Middlebrooks, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

Joseph Saul sought to recover of New York Life Insurance Company disability benefits included in a policy of life insurance, and his petition was dismissed on demurrer.

The pertinent language of the policy is: "Upon receipt at the Company's Home Office before default in payment of premium of due proof that the insured is totally and presumably permanently disabled and that such disability occurred after the insurance took effect and...

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