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DAVIS v. THE EQUITABLE LIFE ASSUR. SOC.

90 N.J. Super. 328 (1966)

217 A.2d 459

GORDON DAVIS, PLAINTIFF-RESPONDENT, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1966.

Attorney(s) appearing for the Case

Mr. Paul B. Thompson argued the cause for appellant (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Janet W. Freeman, Esq. argued the cause for respondent (Mr. Fred Freeman, attorney).

Before Judges GAULKIN, LABRECQUE and BROWN.

PER CURIAM.

Plaintiff sued upon a group accident policy. He claimed a fall caused injuries which necessitated the amputation of his leg. Defendant denied this and said the amputation was compelled solely by plaintiff's diabetes or, at least, by the combined action of both, in either of which cases the policy did not cover. There was a verdict for plaintiff and defendant appeals.

The policy provided:

"Upon receipt of due proof that any employee, while...

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