Beneficial Standard Life Insurance v. Hamby

Deen, Presiding Judge.

1. "When the insured is incapacitated from performing any substantial part of his ordinary duties, a case of total disability is presented, although he is still able to perform some parts of his work. Total disability is inability to do substantially all of the material acts necessary to the transaction of the insured’s occupation, in substantially his customary and usual manner.” Cato v. Aetna Life Ins. Co., 164 Ga. 392 (3) (138 SE 787).

2. The appellee was insured under a policy including sickness benefits. If the "sickness” is contracted more than 30 days from the…