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GARDNER v. NEW YORK LIFE INSURANCE COMPANY

No. 5638.

253 F.2d 562 (1958)

Joseph D. GARDNER, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 4, 1958.

Attorney(s) appearing for the Case

Dan S. Bushnell, Salt Lake City, Utah, for appellant.

A. W. Watson, Salt Lake City, Utah (George A. Critchlow and Ned Warnock, Salt Lake City, Utah, were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

Joseph D. Gardner instituted this action against New York Life Insurance Company to recover judgment for amounts paid as premiums upon four policies of life insurance with double indemnity and waiver of premium benefits. It was alleged in the complaint that the policies provided that in the event the insured became totally disabled and remained continuously in that condition for at least six months, the insurer would waive payment of the premiums...

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