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eBook details

• Title: Boss v. Travelers Ins. Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 09, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

LUMMUS, Justice. This is an action to recover disability benefits under a policy of accident insurance which insured the plaintiff,
'by occupation a foreman piano mover against loss resulting from bodily injury caused during the term of this Policy directly
and exclusively of all other causes by accidental means, as specified in the following Schedule, subject to the provisions
and limitations hereinafter contained.' The weekly indemnity specified in the policy amounts to $18. The questions in this
case arise under Part B of the Schedule of Indeminities of the policy, which appears in a footnote.* A reading of Part B,
par. I, shows that two different kinds of total disability are covered, (a) disability to perform 'any and every kind of duty
pertaining to his occupation' of 'foreman piano mover,' indemnity for which is limited to one year, and (b) disability to
engage in 'any occupation or employment for wage or profit,' indemnity for which is without limit of time. Partial disability,
which 'wholly prevents the Insured from performing one or more important daily duties of his occupation' of 'foreman piano
mover,' entitles him to a less amount of indemnity limited to six months. There was evidence that on January 3, 1931, while the plaintiff was in a moving truck, steadying an old fashioned square
piano that stood on its edge, a skidding of the truck caused the piano to fall upon him, producing serious injuries. Payment
was made by the defendant insurer at the rate of $18 a week for total disability, until June 28, 1931, when the defendant
contended that the plaintiff was able to resume his regular occupation. The plaintiff claims the weekly indemnity of $18 (1)
for total disability to perform 'any and every kind of duty pertaining to his occupation' of 'foreman piano mover' from June
28, 1931, to the expiration of the year on January 3, 1932, and (2) for total disability to engage in 'any occupation or employment
for wage or profit' from the last date until the date of the writ on April 2, 1932. The jury returned a verdict for the plaintiff
for $889.80, substantially the entire amount claimed with interest from the date of the writ. No question of partial disability
is raised, for it is apparent that the verdict was based on total disability for the entire period from June 28, 1931, to
April 2, 1932. The defendant alleged exceptions.

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