Egan v. New York Life Ins. Co.
| Decision Date | 14 December 1933 |
| Docket Number | No. 6792.,6792. |
| Parties | EGAN v. NEW YORK LIFE INS. CO. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Thomas M. Stubbs, of Atlanta, Ga., for appellant.
Grover Middlebrooks, of Atlanta, Ga., for appellee.
Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.
Appellant, Mrs. Mabel P. Egan, as committee of her husband, John G. Egan, brought this suit on January 20, 1932, to recover five annual disability payments of $1,000 each with interest, penalties, and attorney's fees under a policy of life insurance issued to him on September 22, 1913, in the amount of $10,000 by appellee, the New York Life Insurance Company. The suit was dismissed on demurrer. This appeal followed.
The material facts disclosed by the petition and policy annexed are these. The policy contained the following provisions:
The policy was lapsed on July 19, 1929, for failure of the insured to pay a premium due March 22, 1929. No premiums were paid thereafter. Egan became insane as the result of pellagra and was totally and permanently disabled in 1927 before default in the payment of premiums and before he had reached sixty years of age. Notice of disability was not given to the company at the time the disability occurred because the insanity of the insured rendered him incompetent and unable to comply with that provision of the policy. Demand for payment on the policy was not made until February 16, 1930, some seven months after the policy lapsed.
It is contended by appellant...
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