Reserve Life Insurance Co. v. Poole

Carlisle, Judge.

The four portions of the charge complained of sought to define “total disability” within the meaning of the policy. The kind of disability insured against was defined in the insuring agreements of the policy as that which disabled “the insured from performing each and every duty pertaining to his business or occupation.” This term, “business or occupation,” is not ambiguous, arad the court should have simply instructed the jury that, if they found from the evidence that the plaintiff was disabled from performing each and every duty of his business or occupation, a recovery…