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(4) Total disability before age 50;
from sickness $2,500/month for life,
from ages 50-65,minimum
$60,000 or $2,500/month,
whichever is greater
(5) Total disability before age 65,
from accident $2,500/month for life,
after age 65, $60,000
The $2,500 per month figure was fixed as of the time the policy
was issued except that it may be adjusted by a cost-of-living
factor. Under the Monarch policy, total disability is defined as
a sickness or injury requiring regular attendance of a licensed
physician, and benefits are payable as long as petitioner is
unable to engage in his regular profession as a general surgeon.
The Monarch policy contemplates that petitioner is allowed to
train for or engage in any other occupation or profession.
The other policy was a group hospital indemnity policy
issued by the Provident Life and Accident Insurance Company
(Provident policy), which policy provided for payments under the
circumstances set forth in the policy which payments varied with
the type of illness or disability.
In the early 1980's petitioner suffered from extreme
fatigue, recurrent abdominal pain, and flulike symptoms which
were ultimately diagnosed as chronic fatigue syndrome. In 1986,
petitioner was diagnosed with a cancerous disease of the lymph
glands commonly known as Hodgkin's Disease. Petitioner began
receiving chemotherapy, which continued for approximately 8
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Last modified: May 25, 2011