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Wenger v. New York Life Insurance

Morris Wenger v. New York Life Insurance Company

Wenger v. N.Y. Life Ins., 155 Misc. 163 (1935)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
March 21, 1935
Citations
155 Misc. 163279 N.Y.S. 721935 N.Y. Misc. LEXIS 1777

Opinion of the Court

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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 following 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1935: 119352026peak 1935 · 1

Relies on it most ⓘ

  1. Mutchnick v. John Hancock Mutual Life Insurance157 Misc. 598 (1935)

Most recent

  1. Mutchnick v. John Hancock Mutual Life Insurance157 Misc. 598 (1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Garms v. Travelers Ins., 242 A.D. 230 (1934) 24
Garms v. Travelers Ins. Co., 195 N.E. 147 (N.Y. 1934) 16

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