Equitable Life Assurance Society v. Adams

Opinion of the Court by

Judge Richardson

Reversing.

The difficult and perplexing question presented for determination by this appeal is the proper construction of the disability clause of a policy of group insurance, and its application to the facts set.forth in the beneficiary’s pleading and testimony.

The disability clause contains this language:

“In the event that any employee while insured under the aforesaid policy and before attaining the age of sixty shall, within six months after the effective date of his insurance * * * become totally disabled by bodily injuries or disease, and in either…