Girardeau v. Guardian Life Insurance
Girardeau v. Guardian Life Insurance
Opinion of the Court
The plaintiff brought suit to recover benefits under a policy of insurance issued by the defendant. The policy insured plaintiff against total disability to perform his duties as a “Physician - Private Practice of Medicine (Medicine and Surgery).” The alleged disability followed cataract surgery.
The plaintiffs primary contention is that he is basically a surgeon and that he is unable to maintain a full-time surgical practice because the contact lenses required after his surgery will not permit it. He admits in his deposition that the lenses give him adequate vision to perform his tasks and that he can perform just about any task he could perform before his surgery. His deposition shows his concern with the annoyance and inconvenience of using contact lenses including the need to remove the lenses to rest the eyes. The plaintiff also stated in his deposition that he is now qualified and able to practice general medicine. This appeal is from the grant of summary judgment for the defendant. Held:
The trial court did not err in granting summary judgment in favor of the defendant. The plaintiffs reliance upon Mut. Life Ins.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.