Equitable Life Assur. Soc. of the U.S. v. Watts

BOULDIN, Justice.

The disability benefit sued for was payable “In the event that any employee while insured under the aforesaid policy and before attaining age 60 becomes totally and permanently disabled by bodily injury or disease and will thereby presumably be continuously prevented for life from engaging in any occupation or performing any work for compensation of financial value, upon receipt of due proof of such disability before the expiration of one year from the date of its commencement.”

Count A, on which the case was tried, averred such disability arose on to wit, June 24, 1931, while…