Legal Opinion

Berkowitz v. New York Life Insurance

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

Decided March 3, 1939PublishedCited by 26 opinions

1Opinion of the CourtCallahan, J.

This action is brought to recover double indemnity under a fife insurance policy. The policy provided for payment of double the face thereof “ upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause, and that such death occurred within sixty days after sustaining such injury.”

*325There was an exception from coverage in the policy to the effect that the double indemnity benefit would not apply if death resulted “ from physical or mental infirmity; or directly or…

2Cases cited16 opinions

  1. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
  4. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
  5. Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Miller v. Continental InsuranceNew York Court of Appeals · 1976
  2. Stainless, Inc. v. Employers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  3. Arthur A. Johnson Corp. v. Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
  4. Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
  5. Wilkinson v. Providence Washington Ins. Co.New Jersey Superior Court Appellate Division · 1973

21 more not listed; retrieve them via the Exa API.

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