SMITH v. MUT. TRUST LIFE INS. CO.


19 Misc.2d 820 (1959)

Benjamin A. Smith, Plaintiff, v. Mutual Trust Life Insurance Co., Defendant.

Supreme Court, Special Term, Kings County.

June 19, 1959.


Attorney(s) appearing for the Case

Edwin W. Tucker for plaintiff.

Fayette S. Dunn for defendant.


EDWARD G. BAKER, J.

Plaintiff sues for reformation of a life insurance policy and for the return of premiums paid thereon.

On May 4, 1950, the defendant issued its "term policy" insuring the life of plaintiff for the term of five years. Attached to and forming part of the policy were two riders, one of which provided for waiver of premiums in the event of total and permanent disability of the insured...

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