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HIDDEN v. MUTUAL LIFE INSURANCE CO. OF NEW YORK

No. 6886.

217 F.2d 818 (1954)

Paul F. HIDDEN, Appellant, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a body corporate of the State of New York, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 13, 1954.

Attorney(s) appearing for the Case

Daniel B. Leonard, Baltimore, Md. (George M. Berry, Towson, Md., and Bowie, Burke & Leonard, Baltimore, Md., on the brief), for appellant.

William A. Fisher, Jr., and William D. Macmillan, Baltimore, Md. (Semmes, Bowen & Semmes, Baltimore, Md., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought under the total and permanent disability clauses of two policies of life insurance issued by the Mutual Life Insurance Company of New York in 1924 and 1927 respectively, on the life of Paul F. Hidden, the plaintiff in the District Court. The contracts provided that if the insured before attaining the age of 60 years should furnish proof that he had become totally and permanently disabled by bodily injury or disease, so that...

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