Sicherman v. Guardian Life Insurance Co. of America

In an action brought to recover disability bene-, fits and for the return of premiums paid, the defendant has challenged the sufficiency of each of the four causes of action asserted by the plaintiff.

*266In pleading causes of action of the character herein involved, it is necessary to allege that the insured, because of his illness, was incapable of engaging in the ordinary forms of employment for compensation or profit, apart from that in which he was engaged prior to the claimed disability. In other words, the ‘ ‘ plaintiff must show his disability was such as to prevent him from engaging in…