Wenger v. New York Life Insurance

Appellate Terms of the Supreme Court of New York

Wenger v. New York Life Insurance

155 Misc. 163, 279 N.Y.S. 72, 1935 N.Y. Misc. LEXIS 1777

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 21, 1935

StatusPublished

Cited by1 cases

This text of 155 Misc. 163 (Wenger v. New York Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wenger v. New York Life Insurance, 155 Misc. 163, 279 N.Y.S. 72, 1935 N.Y. Misc. LEXIS 1777 (N.Y. Ct. App. 1935).

Pincite

Opinion

Per Curiam.

In order for plaintiff to recover it was necessary for him to establish not only that he was totally disabled from [164]*164following Ms usual occupation, but also that he was totally disabled from followmg any occupation for remuneration or profit wMch under all the circumstances he was physically and mentally fitted to follow. (Garms v. Travelers Ins. Co., 242 App. Div. 230; affd. without opinion, 266 N. Y. 446.) TMs plaintiff failed to do. Moreover, the court’s charge upon request of plaintiff that “ any occupation ” meant Ms usual occupation, constituted prejudicial error.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

All concur; present, Lydon, Frankenthaler and Shientag, JJ.

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Per Curiam.

In order for plaintiff to recover it was necessary for him to establish not only that he was totally disabled from [164]*164following Ms usual occupation, but also that he was totally disabled from followmg any occupation for remuneration or profit wMch under all the circumstances he was physically and mentally fitted to follow. (Garms v. Travelers Ins. Co., 242 App. Div. 230; affd. without opinion, 266 N. Y. 446.) TMs plaintiff failed to do. Moreover, the court’s charge upon request of plaintiff that “ any occupation ” meant Ms usual occupation, constituted prejudicial error.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

All concur; present, Lydon, Frankenthaler and Shientag, JJ.

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Bluebook (online)

155 Misc. 163, 279 N.Y.S. 72, 1935 N.Y. Misc. LEXIS 1777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenger-v-new-york-life-insurance-nyappterm-1935.

Opinion

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