U.S. Court of Appeals for the Second Circuit, 1936

New England Mutual Life Insurance Co. of Boston v. Cohen

New England Mutual Life Insurance Co. of Boston v. Cohen
U.S. Court of Appeals for the Second Circuit · Decided June 8, 1936
83 F.2d 1014; 1936 U.S. App. LEXIS 2735 (Federal Reporter, Second Series)

New England Mutual Life Insurance Co. of Boston v. Cohen

Opinion of the Court

PER CURIAM.

Even though such proof of. disability as the plaintiff gave to the defendant in support of his application were to be treated, under the circumstances stated in the opinion, as meeting the formal requirements of the policy, the evidence was insufficient in substance. The evidence given at the trial did not show that when his application was made he was, and for ninety days had been, wholly and permanently unable to engage in any occupation or profession, or to perform any work for compensation, gain, or profit.

Petition denied'.

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