New York Court of Appeals
Stephen S. Johnson, Jr., Respondent v. the Travelers Insurance Company, Appellant
January 8, 1936269 N.Y. 401
Summary
The New York Court of Appeals reversed the Appellate Division and dismissed the plaintiff’s complaint, holding that the insurance policy required a continuous disability beginning immediately on the date of the accident and that the plaintiff failed to prove such disability. The court interpreted the policy’s language in its plain, ordinary sense and found the evidence showed the plaintiff was not disabled until weeks after the accident, thus no coverage was owed.