McCullogh

The appellant, a policyholder in the Penn Mutual Life Insurance Company of! Philadelphia, brought this action in equity to reinstate three life and health insurance policies issued to him by the company which he had surrendered after nonpayment of premiums thereon, and to recover the monthly payments which would accrue to him under the terms of the policy in the event that he was, as he alleged, totally and permanently disabled.

The appellant predicated his right to the reinstatement of the policies upon the ground that he had surrendered the policies under duress and that unknown- to himself and known to the company he was at that time totally and permanently disabled. At the time the appellant surrendered the policies ho was in default for nonpayment of premiums and therefore not entitled to recover on the policios unless at the time these premiums were due he was totally and permanently disabled, in which event the policy waived such payment if due proof had been made thereof so that appellant’s whole ease is predicated upon the allegation that ho was totally and permanently disabled before the first annual premiums were due and continued so thereafter until the date of…