NICCOLI v. MONARCH LIFE INS. CO.


36 N.Y.2d 892 (1975)

Rudolfo Niccoli, Respondent, v. Monarch Life Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1975.


Attorney(s) appearing for the Case

William E. Kelly and Charles M. Pratt for appellant.

Henry M. Grubel and Donald R. Siegel for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The policy of insurance covered plaintiff's occupation as physician and surgeon. There was evidence that plaintiff was disabled from performing his responsibilities as a surgeon during the two-year period insured by the policy. What remained then was an issue of fact whether plaintiff's disability satisfied the policy standard defining "total disability" as the "complete inability of the Insured to engage in his regular occupation." Under an adequate charge...

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