AVERY v. NEW YORK LIFE INS. CO.

No. 6961.

67 F.2d 442 (1933)

AVERY v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1933.


Attorney(s) appearing for the Case

Winfield P. Jones, of Atlanta, Ga., for appellant.

Grover Middlebrooks, of Atlanta, Ga., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from a judgment dismissing on demurrer an action on a policy of life and disability insurance. The policy provides that upon receipt by the insurance company of proof of the total disability of the insured, "and that such disability has already continued uninterruptedly for a period of at least four months," and began before default in the payment of premium, "the company will waive the payment of each premium falling due after...

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