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

No. 12202.

180 F.2d 542 (1950)

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

United States Court of Appeals Ninth Circuit.

February 3, 1950.


Attorney(s) appearing for the Case

Laney & Laney, Grant Laney and Lynn M. Laney, Phoenix, Ariz., for appellant.

Evans, Hull, Kitchel & Jenckes, Norman S. Hull, Phoenix, Ariz., for appellee.

Before GOODRICH and POPE, Circuit Judges, and HALL, District Judge.


POPE, Circuit Judge.

In 1923 the appellee insurance company issued to the appellant Hughes a policy of life insurance which provided for waiver of premiums, and for payment to him of monthly sums in the event that he became "totally and permanently disabled by bodily injury or disease, so that he is, and will be, permanently, continuously and wholly prevented thereby from performing any work for compensation, gain or profit, and from following any gainful occupation...

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