Wright

Wright v. Western States Life Insurance

Good Law
1923 Cal. App. LEXIS 497·61 Cal. App. 488·214 P. 990
Court of Appeal of CaliforniaMarch 20, 1923Civ. No. 4468.California1,590 words

Opinion

Lead Opinion

Sure, J.

This is an action to recover $4,325 from the defendant upon a life insurance policy issued upon the life of one William Edgerton Wright. The policy conforms to the plan known to life insurance companies as an “in come protection policy,” whereby in consideration of the payment of an annual premium for a period of years or until the death of the insured, an income of $25 per month for twenty years from and after the death of insured, with a provision for the payment to the insured of a life income of $25 per month beginning March 13, 1964, in case he then be living, and also a further provision for a life income for the insured in case of total disability. The policy provided for various options, one of which, the chief subject of dispute here, reads as follows:

“Options at the Death of the Insured. (Available during the insurance period as specified under provisions (1) and (h) on the reverse side hereof.)

“The insured, by written notice to the company, at its home office, . . . may elect that the net commuted value of the sums payable under this policy at the death of the insured (see general provisions, par, (h) on the reverse side hereof) shall be payable either in cash or as…

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