Prudential Ins. Co. v. Rowland

• Decision Date: 31 October 1941
• Docket Number: 29089.
• Citation: 17 S.E.2d 286,66 Ga.App. 121
• Parties: PRUDENTIAL INS. CO. v. ROWLAND.
• Court: Georgia Court of Appeals

17 S.E.2d 286

66 Ga.App. 121

PRUDENTIAL INS. CO. v. ROWLAND.

No. 29089.

Court of Appeals of Georgia, Division No. 1.

October 31, 1941

John G. Fulwood, of Tifton, and Jones, Jones & Sparks, of Macon, for plaintiff in error.

R D. Smith, of Tifton, for defendant in error.

MacINTYRE Judge.

The policy of life insurance in question contained a disability provision that the insured was entitled to benefits if he should "become totally and permanently disabled, either physically or mentally, from any cause whatsoever, to such an extent that he (or she) 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 (or her) lifetime." In April, 1930, the plaintiff developed sinus trouble. He tried a number of doctors, being sick for several months, and finally went to a hospital at Lake City, Florida, where he remained approximately two months. In addition to the provision quoted above the policy provided that permanency should be presumed on proof of total disability during a period of not less than ninety consecutive days immediately preceding receipt of such proof. Under this ninety-day clause the company granted benefits, and continued to pay benefits from that time, 1930, until April 6, 1939, approximately nine years. The policy provided for proof of continuance of disability, on demand from time to time by the company. In May, 1939, the company discontinued payment of benefits. The insured then brought this suit to recover the installments alleged to have been payable for the month of May, 1939, and the monthly installments thereafter until the trial. As stated in the defendant's brief, the only question is whether under the evidence the plaintiff was totally disabled in May, 1939, and thereafter, substantially meaning up to the time of the trial.

"Total disability exists when one is wholly disabled from pursuing the usual and customary duties of his employment on which he depends for a living." Cato v. Aetna Life Ins Co., 164 Ga. 392(2), 138 S.E. 787, 788. The plaintiff was a farmer at the time the alleged total and permanent disability arose, and operated a one horse farm. He contends that his disability still continues. The jury was authorized to find that the material basic essential element of the duties of this one horse farmer was the actual tilling of the soil, and that a "substantial part of his ordinary duties" was the preparation of the soil for planting his crop by plowing, the putting out of fertilizer, the running of the seed drill, the...