Willden v. Washington National Insurance Company

18 Cal.3d 631 (1976)

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Nature of the Case

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Facts

D issued P a 'Disability Income Policy for Realtors and Real Estate Salesmen' in 1965. The policy provides 60 months' coverage for injuries that 'totally and continuously disable the Insured within thirty days of the date of the accident so as to prevent him from performing each and every duty pertaining to his occupation.' If, after payment of disability benefits for 60 months, the insured is unable to perform 'each and every duty pertaining to any gainful occupation,' the policy provides additional benefits for as long as the disability continues. The policy also extends one year of benefits for total disability caused by sickness. P, a real estate salesman, was injured in an automobile accident on February 11, 1966. He experienced tremors in his leg the following day; numbness in the leg by April of 1966; and on October 10, 1966, his condition was diagnosed as multiple sclerosis. Unemployed from April 1966 to April 1967, he obtained a business license and worked as a real estate and business opportunity broker until 1972. His condition continued to deteriorate, and he was unable to resume any gainful employment until May 1, 1973. The duration of P's total disability was disputed at trial but partially resolved by a special verdict that P was not totally disabled between April 21, 1967, and February 25, 1969, but was totally disabled thereafter. D paid P one year of sickness benefits, terminating on April 21, 1967. P then sued for accident benefits accruing after that date. P in propria persona presented expert testimony that his multiple sclerosis was precipitated by the trauma of the automobile accident. The jury returned a special verdict finding P's 'disability resulted directly and independently of all other causes from the accident of February 11, 1966.' The jury rendered a finding that P was not totally and continuously disabled within 30 days of the accident. The jury specified a beginning date of February 25, 1969, and no ending date. The trial court entered judgment for D, and P appealed.