Lando

Action to recover disability payments under life insurance policies.

The complaint states six causes of action, each of which alleges issuance by defendant to plaintiff of a policy of life insurance wherein, it is alleged, defendant agreed to make certain payments to plaintiff in case of his total disability, after a specified period of elapsed time, at a spec *730 ified rate per month, so long as such disability should continue, and to waive all premiums due under the policy during the continuance of such disability; -that ever since October 1, 1933, to the time of filing' suit, plaintiff has been totally and continuously unable to engage in any business or occupation or perform any work whatsoever for remuneration or profit; that while plaintiff has performed all covenants on his part to be performed, defendant has failed and refused to pay any of the respective sums due under the policies. A supplement to the complaint alleged total disability for a period subsequent to filing original complaint, and the prayer was for an increased amount of judgment.

The answer admitted issuance of the policies, pleaded the pertinent provisions thereof, admitted nonpayment of the sums…