Niccoli v. Monarch Life Insurance

In an action to recover benefits under the total disability provision *738of an insurance policy, defendant appeals from a judgment of the Supreme Court, Kings County, entered February 1, 1973, in favor of plaintiff, upon a jury verdict. Judgment modified, in the exercise of discretion, by striking therefrom the award of an additional allowance and by reducing the total recovery accordingly. As so modified, judgment affirmed, with costs to respondent. At issue herein was whether plaintiff, a physician specializing in obstetrics and gynecology, was totally disabled within the meaning of the…