Townsend v. Commercial Travelers Mutual Accident Ass'n of America
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1919, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Mr. Townsend’s death was caused by external, violent and accidental means within the meaning of the policy. (Bailey v. Interstate Casualty Co., 8 App. Div. 127; 158 N. Y. 723; Marchi v. Ætna Life Ins.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1919, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Mr. Townsend’s death was caused by external, violent and accidental means within the meaning of the policy. (Bailey v. Interstate Casualty Co., 8 App. Div. 127; 158 N. Y. 723; Marchi v. Ætna Life Ins. Co., 140 App. Div. 901; 205 N. Y. 606; Lewis v. Ocean A. & G. Corp., 224 N. Y. 18; Hodgson v. Ins. Co., 100 Misc. Rep. 155;…
1Opinion of the CourtHogan, J.
On June 14th, 1917, the defendant issued a policy of insurance wherein it undertook to pay the sum of five thousand dollars upon the death of the assured, James T. Townsend, “ the direct and approximate result of and which is caused solely and exclusively by external, violent and accidental means.” The assured died May 12th, 1918, and this action was brought to recover the amount of the indemnity provided for in the policy contract. At the close of plaintiff’s case the plaintiff was nonsuited. The facts which the jury might, have found were as follows:
The assured, James T. Townsend, was a…
2Cases cited18 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- International Travelers' Ass'n v. FrancisTexas Supreme Court · 1930
- Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
- Wiger v. Mutual Life Insurance Co. of New YorkWisconsin Supreme Court · 1931
21 more not listed; retrieve them via the Exa API.