Chalmers v. Metropolitan Life Insurance Company

272 N.W.2d 188 (1978)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

After long service as an airplane pilot P suffered a severe heart attack on January 17, 1971. P recovered but his pilot's license was permanently suspended. P claimed benefits under an extended disability benefits section of a group insurance policy issued by D for the reason that he is totally disabled to perform his job as an airplane pilot. D denied extended disability benefits on the basis that, although P is no longer able to get a pilot's license, there are many jobs that he is physically qualified to do. P sued D and both parties moved for summary judgment. The key provision in the policy reads: 'If, while insured * * * the Employe is both under age 65 and totally disabled so as to be unable to engage in any gainful occupation or employment for which he is reasonably qualified by education, training or experience, the amount of Extended Disability Benefit Insurance (Monthly Benefits) then in force on account of the Employe shall be paid to the Employe each month during the period the Employe is so disabled, as set forth herein.' The court ruled for P and D appealed.

Issues

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Holding & Decision

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Legal Analysis

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