
    McCOLGAN v NEW YORK LIFE INSURANCE CO
    Ohio Appeals, 9th Dist, Summit Co
    No 1760.
    Decided April 28, 1930
    Davis & Lipps, Akron, for McColgan.
    Garfield, Cross, MacGregor, Daoust & Baldwin, Cleveland, and Ormsby, Kennedy & Vogel, Akron, for Ins. Co.
   Opinion by

PARDEE, J.

FUNK, PJ. and WASHBURN, J. concur.

SYLLABUS

Where a life insurance policy provides for wáiver of premium in the event the insured is disabled as described in the policy on the day the premium falls due, if timely notice of such fact is given to the company, but is silent as to who shall give the notice, a beneficiary, if the insured dies without giving the notice, may give the same.

Full opinion will be published later. Watch Omnibus Index.  