Niccoli v. Monarch Life Insurance

Memorandum. The policy of insurance covered plaintiff’s occupation as physician and surgeon. There was evidence that plaintiff was disabled from performing his responsibilities as a surgeon during the two-year period .insured by the policy. What remained then was an issue of fact whether plaintiff’s disability satisfied the policy standard defining "total disability” as the "complete inability of the Insured to engage in his regular occupation.” Under an adequate charge the jury found that there was such disability. The Appellate Division having affirmed, the issue of fact is beyond review in…