SCHMERIN v. N. Y. LIFE INS. CO.

No. 1044.

34 Pa. D. & C. 2d 483 (1964)

Schmerin v. New York Life Insurance Company

Common Pleas Court of Cambria County, Pennsylvania.

June 18, 1964.


Attorney(s) appearing for the Case

Robert S. Glass, for plaintiff.

Weimer, Bennett, Jones & Stibich, for defendant.

Before McDonald and McWilliams, JJ.


McDONALD, J., June 18, 1964.

On June 1, 1959, defendant issued "Non-Cancellable Income Protector Policy," no. DT-300 835, insuring plaintiff against total disability. The application for said policy dated May 18, 1959, was countersigned by defendant's agent. On May 15, 1961, plaintiff claimed total disability and filed written notice as required by the policy. Defendant refused to make payment, alleging the policy was void.

Plaintiff's complaint avers the...

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