Andrews v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: The total disability clause and the partial disability clause in this insurance contract must be read together. When so read, it is clear that, total disability" is such disability as “ wholly prevents him from performing each and every duty of his occupation ”, Partial disability is such disability as “wholly prevents the Insured from performing one or more important daily duties of his occupation ”, The language used is not ambiguous and should be construed according to its ordinary meaning. (Johnson…
2Cases cited1 opinion
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
3Cited by1 opinion
- American Thermostat Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1977