Barbato v. Prudential Ins. Co. of Am.
| Decision Date | 03 May 1933 |
| Docket Number | No. 402.,402. |
| Citation | 165 A. 872 |
| Parties | BARBATO v. PRUDENTIAL INS. CO. OF AMERICA. |
| Court | New Jersey Supreme Court |
Appeal from District Court, Passaic County.
Action by Roger Barbato, an infant, by his next friend, Joseph Barbato, against the Prudential Insurance Company of America. Judgment for plaintiff, and defendant appeals.
Affirmed.
Argued October term, 1932, before TRENCHARD, CASE, and BROGAN, JJ.
Evans, Smith & Evans, of Paterson, for appellant.
John A. Celentano, of Clifton (Paul Rittenberg, of Paterson, of counsel), for respondent.
This is an appeal from a judgment entered in favor of the plaintiff and against the defendant in the sum of $300 in the Passaic district court.
The plaintiff was the owner of a policy of insurance issued to him by the Prudential Insurance Company of America. The contract contained a clause under which the insured, upon proof of total and permanent disability, became entitled to the sum of $50 per month for the rest of his life. Proof of disability under the policy was stated to mean physical or mental incapacity to such an extent that the insured is rendered wholly, continuously and permanently unable to engage in any occupation or perform any work for any kind of compensation of financial value during the remainder of his life. There are other provisions regarding age, etc., which are not pertinent here.
There is a further provision in the policy of insurance known as "supplementary provisions as to total and permanent disability," which provides substantially that, if due proof of total and permanent disability has not been previously furnished and if the insured shall furnish due proof that he has been totally disabled, either physically or mentally to such an extent that he was rendered wholly and continuously unable to engage in any occupation or perform any work for any kind of compensation of financial value during a period of ninety consecutive days, such disability shall be presumed to be permanent, and the company will upon receipt of such proof grant the disability benefits provided, etc. For this additional benefit an additional premium was paid by the plaintiff.
The plaintiff was a laborer, and a stick of lumber fell upon his left hand. Thereafter he was unable to use his hand for a period, according to his testimony, of seven months. The injury was to the ulnar nerves.
The court, sitting without a jury, found in favor of the plaintiff, and judgment was entered for the sum of $300.
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