Berset v. New York Life Insurance Co.

Tayloe, C.

Defendant issued an insurance policy to Nils A. Berset in which among other things defendant agreed to pay him the sum of $50 per month during his lifetime if he became wholly and permanently disabled. The policy provided that disability should be deemed to be total whenever it prevented the insured “from engaging in any occupation whatsoever for remuneration or profit.” It further provided that the total and permanent loss of the use of both hands should be considered total and permanent disability. It further provided that:

“Under this contract disability shall be presumed to be…