Legal Opinion

Jacob v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1939PublishedCited by 8 opinions

1Opinion of the Court

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the accident, which was the puncture of the wall of the uterus during the performance of an abortion, occurred while the assured was submitting to an unlawful abortion, a heinous crime, and that a recovery on the policy is, therefore, against public policy. (Hatch v. Mutual Life Ins. Co., 120 Mass. 550; Wells v. New England Mutual Life Ins. Co., 191 Penn. St. 207; 43 A. 126; Collins v. Metropolitan Life Ins. Co., 27 Pa. Sup. Ct. 353.) All concur, except Crosby, J., who dissents and…

2Cases cited4 opinions

  1. Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
  2. Hatch v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1876
  3. Messersmith v. American Fidelity Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Wells v. New England Mutual Life InsuranceSupreme Court of Pennsylvania · 1899

3Cited by8 opinions

  1. Carlson v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1970
  2. John Hancock Mutual Life Insurance Company v. Clyda TarrenceCourt of Appeals for the Sixth Circuit · 1957
  3. Payne v. Louisiana Industrial Life Ins. Co.Louisiana Court of Appeal · 1948
  4. Udisky v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1942
  5. Prudential Ins. Co. of America v. GoldsteinDistrict Court, E.D. New York · 1942

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