Novice v. Commercial Travelers Mutual Accident Ass'n of America

Defendant moves for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, dismissing the complaint herein, which seeks to recover benefits for a claimed total disability under defendant’s policy or certificate. Plaintiff was insured against any one of certain losses, “ which is the direct and proximate result of and which is caused solely and exclusively by external, violent and accidental means ”.

On June 4, 1949, plaintiff, while driving an automobile, was involved in a collision with another car, whereby he sustained certain injuries and claims this accident resulted in his…