Pierce v. Massachusetts Accident Co.

The plaintiff, a resident of New Jersey, on August 7, 1925, at the age of forty-five years, took out a policy of disability insurance in the defendant company, under which he became entitled to $100 a week during any period of "disability from accidental injury or disease which necessarily, wholly and continuously disables him from the performance of any and every kind of duty pertaining to his occupation or business,” and to further but smaller payments for any succeeding partial disability. The policy was written for one year beginning on August 7, 1925, for a premium of $289.20 payable…