Hurwit v. Prudential I. Co. of America

McCOMB, J., Dissenting.

I dissent: Prom a judgment in favor of plaintiff after trial before a jury in an action to enforce an insurance policy providing for payments to plaintiff if he be continuously and permanently unable to engage in any occupation or perform any work for any kind of compensation of financial value, defendant appeals.

The essential facts are:

Defendant issued a policy of insurance to plaintiff containing among others the following provisions:

“If the Insured shall become totally and permanently disabled, either physically or mentally, from any cause whatsoever, to such- an…