[Download] "Palumbo v. Metropolitan Life Ins. Co." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Palumbo v. Metropolitan Life Ins. Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
CROSBY, Justice. This is an action to recover certain disability benefits from August 27, 1934, to the date of the writ, provided for by a rider, so called, attached to each of two policies of life insurance issued by the defendant. One of the policies was issued October 26, 1927, and the other September 11, 1928. Both of these supplementary contracts provided (1) waiver of payments of each premium falling due under said policy and this supplementary contract, and (2) payment of certain monthly amounts, upon the insured's becoming 'totally and permanently disabled, as a result of bodily injury or disease occurring and originating after the issuance of said policy, so as to be prevented thereby from engaging in any occupation and performing any work for compensation or profit,' these benefits to continue as long as the insured remained unable to engage in any kind of work for compensation or profit. The case was heard by a Judge of the Superior Court. There was evidence that in July, 1929, the insured had to give up his work as a result of a disease known as hypertrophic arthritis which seriously affects the joints of the body and is usually progressive in nature; that from that date until August 27, 1934, the defendant approved the plaintiff's claim under the riders and uninterruptedly paid the monthly amounts described in the riders; that on September 6, 1934, the plaintiff was notified by the defendant that he would no longer receive any payments under the policies, as a recent medical examination indicated that his disability was neither total nor permanent.
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