SULLIVAN v. NAT'L CAS. CO.


283 A.D. 516 (1954)

Anna M. Sullivan, Respondent, v. National Casualty Company, Appellant. (Action No. 1.) Anna M. Sullivan, Respondent, v. National Casualty Company, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 24, 1954.


Attorney(s) appearing for the Case

Morris Gitlitz for appellant.

Maurice P. O'Brien, Jr., for respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

The defendant insurance company issued a professional disability policy to the plaintiff Anna Mae Sullivan, who is a practicing dentist. The policy provided indemnity for loss of time "caused by sickness" if the "sickness" wholly and continuously disabled the insured in the practice of her profession. The amount of indemnity stated was $400 a month.

The policy was issued on April 2, 1952, and about three months later plaintiff became...

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