Oka v. United States Fidelity & Guaranty Co.

Martin, J.:

This action on an accident and health policy issued by defendant to plaintiff was brought because of defendant’s failure to pay plaintiff the stated weekly indemnity against total disability. The policy contains the following:

“ Schedule II. Or, if ' such injury ’ shall not result in any of the losses mentioned above, but shall independently and exclusively of all other causes, continuously and wholly disable and prevent the Insured from the date of accident, from performing any and every kind of duty pertaining to his occupation, the Company will pay him the weekly indemnity above…