Klosk v. Equitable Life Assurance Society of the United States

This is an action on two accident and health policies for benefits by reason of the alleged total and continuous disability of plaintiff. Each policy provides for payment of benefits for disability caused by disease. The pertinent clause of each policy provides, in effect, that if the disease prevents the plaintiff from performing any and every duty pertaining to his occupation he should be entitled to the benefits prescribed by the policy.

The plaintiff is an officer of several corporations owning real estate and personally manages their affairs, and in that capacity visits the various…