Lapkin v. Equitable Life Assurance Society of the United States

Plaintiff moves for summary judgment pursuant to rules 113 and 114 of the Buies of Civil Practice. The action is on a noncancelable policy which provides, among other things, for indemnity for disability caused by disease. Premiums are payable for the full benefits during the disability and they have been paid. Plaintiff seeks to recover the maximum benefits less sums already received. The pertinent provisions are as follows:

“ Part III. Indemnity for Disability Caused by Disease. Weekly Indemnity.

‘ “A. If such disease shall wholly and continuously disable the Insured and prevent him from…