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MARSHALL v. EQUITABLE LIFE ASSUR. SOC.

No. 8401.

116 F.2d 901 (1941)

MARSHALL v. EQUITABLE LIFE ASSUR. SOC.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1941.

Attorney(s) appearing for the Case

Milton M. Maddin, of Detroit, Mich. (David I. Hubar and Milton M. Maddin, both of Detroit, Mich., on the brief), for appellant.

Fred Glover, Jr., and William J. Shaw, both of Detroit, Mich. (Miller, Canfield, Paddock & Stone, of Detroit, Mich., on the brief), for appellee.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

The appellee insurance company on January 8, 1923, issued to appellant's intestate a policy of life insurance embracing a front page promise that "if the Insured becomes wholly and permanently disabled before age 60, the Society will waive subsequent premiums and pay to the Insured a Disability-Annuity of One Hundred Fifty Dollars a month subject to the terms and conditions on the third page hereof."

On the third page, the policy provided...

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