Lehman v. Great Eastern Casualty & Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the' defendant, the Great Eastern Casualty and Indemnity Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of February, 1896, upon the verdict of a jury rendered by direction of the court after a trial at the Erie Circuit, and also from an order entered in said clerk’s office on the 29th day of February, 1896, denying the defendant’s motion for a new trial…
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Appeal by the' defendant, the Great Eastern Casualty and Indemnity Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of February, 1896, upon the verdict of a jury rendered by direction of the court after a trial at the Erie Circuit, and also from an order entered in said clerk’s office on the 29th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover the amount of a policy of insurance upon the life of one Morris…
1Opinion of the Court
Adams, J.:
The policy upon which this action is brought contains the following provision, namely:
“ This insurance does not cover * * * voluntary exposure to unnecessary danger; * * * nor any injury, fatal or otherwise, caused directly or indirectly (wholly or in part) * * * while violating law.”
*427And the defendant seeks to avail itself of this provision as a means by which to escape liability upon its contract of insurance, its contention being that the death of the assured was directly attributable to his violation of the law as well as to a voluntary exposure upon his part to an unnecessary…
2Cases cited7 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thomas v. Masons' Fraternal Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1901
- Travelers' Ins. v. ClarkCourt of Appeals of Kentucky · 1900
- Bateman v. Travelers InsuranceMissouri Court of Appeals · 1905
- Coles v. New York Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Coles v. New York Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.