TRAINOR v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 244 Civil.

42 F.Supp. 206 (1941)

TRAINOR v. MUTUAL LIFE INS. CO. OF NEW YORK.

District Court, W. D. Wisconsin.

December 22, 1941.


Attorney(s) appearing for the Case

William Ryan and Schubring, Ryan, Petersen & Sutherland, all of Madison, Wis., for plaintiff.

Vernon A. Swanson and Miller, Mack & Fairchild, all of Milwaukee, Wis., for defendant.


STONE, District Judge.

The plaintiff claims disability benefits from June 24, 1939, of $100 per month, and a refund of premiums paid by him since that date together with the specific performance of the terms of the insurance contract issued to him by defendant on January 4, 1926. The policy provides, among other things, that "if the insured is totally and presumably permanently disabled before age 60, (the Company) will pay to the insured $100 monthly during such...

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