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

No. 11186.

148 F.2d 699 (1945)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1945.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., for Mutual Life Insurance Company of New York.

Donald Labbé, of Lafayette, La., for Joseph Alcide Landry.

Before HUTCHESON and McCORD, Circuit Judges, and COX, District Judge.

HUTCHESON, Circuit Judge.

Appellee, Landry, is the insured in a life insurance policy which under conditions named in clause 31 entitled him to "disability benefits in event of total and permanent disability before age sixty". On March 26, 1943, while no premium was in default, but after he had attained the age of sixty years, plaintiff advised the company that he had been totally and permanently disabled since 1937, and applied to it...

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