Nickolopulos v. Equitable Life Assurance Society of United States

This appeal brings up for review a judgment for $500 recovered by the plaintiff below. The following facts appear from the record.

The plaintiff was the owner of a contract of insurance which, besides insuring his life, contained a covenant that entitled him to the sum of $250 a month if he should become permanently and totally disabled. The disability clause within which the plaintiff contends he has made out a proper case is as follows: “Disability shall be deemed to be total when it is of such an extent that the insured is prevented thereby from engaging in any occupation or performing any…