West v. Commercial Insurance Co. of Newark

OPINION

FAY, Chief Justice.

The plaintiff brought this civil action in Superior Court to enforce disability payments under an insurance policy issued by the defendant, Commercial Insurance Company of Newark, New Jersey (insurer). At trial, at the close of the plaintiffs case, the defendant moved for a directed verdict on three grounds, only one of which was granted and which therefore forms the basis of this appeal.

The essential facts leading up to the granting of defendant’s motion for directed verdict and subsequent judgment entered thereon are as follows.

The plaintiff, Bon C. West (West), in…