Massachusetts Casualty Insurance v. Rief

The trial judge sitting without a jury found that the appellee, Merrell M. Rief, who was insured by the appellant, Massachusetts Casualty Insurance Company, was “totally disabled” under the policy, which defined that phrase as “inability to engage in any part of the duties of the Insured’s regular occupation.” The insurer appeals from a judgment for the sum of the accumulated monthly payments called for hy the policy and a declaration that the payments continue to be made each month until the end of the full period stipulated by the policy.

Rief’s regular occupation was that of an executive in…