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Halpern v. Equitable Life Assurance Society of United States

Decided: December 7, 1938.

CHARLES HALPERN, PLAINTIFF-APPELLEE,
v.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, DEFENDANT-APPELLANT



On appeal from the District Court of the First Judicial District of the county of Essex.

For the defendant-appellant, Collins & Corbin (Edward A. Markley and Patrick F. McDevitt, of counsel).

For the plaintiff-appellee, Aaron Heller.

Before Justices Trenchard, Parker and Perskie.

Trenchard

The opinion of the court was delivered by

TRENCHARD, J. The defendant below appeals from a judgment entered upon the verdict of a jury in the District Court in favor of the plaintiff.

The action was based upon a policy of insurance issued by the defendant company on January 14th, 1922, wherein the defendant agreed to pay to the plaintiff the sum of $50 per week during total disability due to accident or sickness.

On this appeal the defendant-appellant has expressly abandoned all of its specifications of causes for reversal excepting one, and that is this:

"The trial court erred in refusing to grant a nonsuit or to direct a verdict in favor of the defendant when thereunto moved,

whereas said motions should have been granted for the following reason: There was no proof that the plaintiff was wholly and continuously disabled from disease which prevented him from performing any and every duty pertaining to his occupation."

We think the motions were properly denied.

The contract provided for the payment to the plaintiff of indemnity for disability caused by disease "if such disease shall wholly and continuously disable the insured and prevent him from performing any ...


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