Stuhlbarg v. Metropolitan Life Ins.

The first issue presented by the record is whether the medical certificates furnished by the plaintiff to the defendant company constituted “due proof” •of total and permanent disability as required by the insuran'ce contract. It is claimed by the defendant that ‘ ‘ due proof ’ ’ is made a condition precedent to the insured’s, right to receive benefits and that the submission of proof .of any disability, less than total and permanent disability which renders the insured unable •at any time to perform any work or engage in any business for compensation or profit, does not satisfy this…