Prudential Insurance Co. of America v. Litzke

Rodney, J.,

delivering the opinion of the Court:

There are, I apprehend, two essentials which must exist before any liability could arise in this case:(1) The respondent, while under 60, must have “become permanently disabled or physically or mentally incapacitated to such an extent that he by reason of such disability or incapacity is rendered wholly and permanently unable to engage in any occupation or perform any work for any kind of compensation of financial value,” and(2) Due proof of such disability or incapacity must be furnished to the Company at or prior to the time the liability of…