Opinion
Gen. No. 44,720. (Abstract of Decision.)
Opinion filed April 4, 1949 Released for publication May 17, 1949
INSURANCE, § 354 — condition precedent to liability for disability income under life policies. Under life policies providing for disability income if insured, before attaining age of sixty years, furnished due proof to insurer that insured was totally and permanently disabled by bodily injury or disease, the furnishing of proof of disability before insured attained age of sixty was not eliminated as a "condition precedent" by riders providing that if proof furnished insurer under section providing for "Benefits in Event of Total and Permanent Disability before Age 60" was such as to entitle insured to disability benefits, and if due proof was also furnished insurer that such disability had been continuous since its beginning, insurer would begin the monthly income payments provided for; hence insurer was not liable for disability income where insured did not furnish proof of disability until reaching his sixtieth birthday, notwithstanding that insured's illness started before that date and that he did not know that his disability would be permanent until after reaching age of sixty.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. Judge, presiding.
Reversed. Heard in the first division, first district, this court at the February term, 1949.
Winston, Strawn, Shaw Black, for appellant;
Louis W. Dawson, George B. Christensen and Neil McKay, of counsel;
McKinley Price, for appellee;
William McKinley and Paul E. Price, of counsel.
Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.