Green v. William Penn Life Insurance

Andrias, J.P. (dissenting).

Taking into consideration the strong presumption against suicide, I nevertheless respectfully dissent and, based upon the facts as found by the trial court, which are not refuted in any way by plaintiff, find that it was not unreasonable for the court to infer that Alan Green committed suicide. Accordingly, I would affirm the court’s decision and judgment in favor of defendant insurer dismissing the complaint.

It is undisputed that, at about 6:30 in the evening of February 20, 2002, plaintiff returned home from work to find her 54-year-old husband Alan Green lying…