Heilbronn v. New York Life Insurance

Judgments for the defendants in actions by the insured upon total disability provisions of insurance policies unanimously affirmed, with costs. (1) The plaintiff and the defendants agreed upon the form of the questions to be submitted to the jury, defining the issues of fact. The plaintiff agreed that the submission should be made upon the theory that in order to recover he was obligated to establish that he was “ wholly disabled.” The final submission to the jury was under a charge that left the jury free to apply the language of the policies in their plain, ordinary and proper sense, which…