Hughes v. Mutual Life Ins. Co. Of New York

HALL, District Judge.

I dissent.

The policy was issued to insure the appellant against his loss of earning capacity, in order that he might receive an income when “he ¿r, and will be permanently, continuously and wholly prevented * * * from performing any work for compensation, gain or profit, and from following any gainful occupation. (Italics supplied.)

And I agree that these terms of the policy should be given a reasonable rather than a literal construction, as applied to the facts in the case at bar.

Those terms are clear and unambiguous. But even under any paraphrasing, or construction most…