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NEW YORK LIFE INS. CO. v. LOWE

No. 9768.

119 F.2d 740 (1941)

NEW YORK LIFE INS. CO. v. LOWE et al.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1941.

Attorney(s) appearing for the Case

Wm. H. Watkins and Thomas H. Watkins, both of Jackson, Miss., and Charles A. Sisson, of Clarksdale, Miss., for appellant.

James McClure, Jr., of Sardis, Miss., Aubrey H. Bell, of Greenwood, Miss., Fred H. Montgomery, of Clarksdale, Miss., and Dugas Shands, of Cleveland, Miss., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

Marion E. Lowe holds two policies of life insurance, which contain the usual disability and double indemnity provisions, one issued by appellant in 1924 and the other in 1926. In 1930, Lowe was discovered to be suffering from Buerger's disease (thrombo angiitis obliterans), which rendered him totally and permanently disabled. He was paid disability benefits under the policy and premiums thereon were waived until February 1, 1940, on which date...

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