Schreiber v. Fidelity & Casualty Co. of New York

This action was brought to recover indemnity under a policy of insurance against disability arising out of accident or sickness. The indemnity provided both for total disability and partial disability, the obligation of the insurer being different in the two cases under the provisions of the policy.

The allegation of the plaintiff was that he became sick as the result of a fall, and that his sickness produced a total disability within the meaning of the provisions of the policy, and that he was entitled to recover the indemnity therein provided. The defense interposed was that the disability…