Girardeau v. Guardian Life Insurance

Banke, Judge.

The plaintiff brought suit to recover benefits under a policy of insurance issued by the defendant. The policy insured plaintiff against total disability to perform his duties as a “Physician - Private Practice of Medicine (Medicine and Surgery).” The alleged disability followed cataract surgery.

The plaintiffs primary contention is that he is basically a surgeon and that he is unable to maintain a full-time surgical practice because the contact lenses required after his surgery will not permit it. He admits in his deposition that the lenses give him adequate vision to perform his…