Equitable Life Assurance Society of the United States v. Wiggins

This was an action on a' group insurance policy providing indemnity amongst' other things for total and permanent disability. By appropriate pleadings the issue was developed for decision by trial whether or not total and permanent disability as a basis for recovery existed. Recovery was awarded. The defendant insurance company has brought the judgment here for review upon writ of error.

The following is the provision of the policy upon which plaintiff recovered:

“In the event that any employee while insured under the aforesaid policy and before attaining age 60 becomes totally and permanently…