Baumann v. . Preferred Accident Ins. Co.
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 5, 1916, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the actions and the facts, so far as material are stated in the opinion.
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Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 5, 1916, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the actions and the facts, so far as material are stated in the opinion. In so far as the defendant company insured against' death by accident as provided in the policies, it is to be deemed a life insurance corporation and comes within the purview of section 58 of the Insurance Law (L. 1906, ch. 326) which took effect January 1,…
1Opinion of the CourtCuddeback, J.
There are two actions shown in the record upon policies of accident insurance issued by the defendant to Gustave Baumann, the plaintiff’s deceased husband.
It will be sufficient if what is said here is confined to the policy in action No. 1. That policy is one of five, of which two were for accident and three for health insurance, issued to Baumann February 27, 1907. We are not concerned with the health policies now. Baumann was accidentally killed October 14, 1914, by falling from the roof of a building in New York city.
The policies were all issued on one application. That application showed…
2Cases cited2 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Gaines v. . Fidelity Casualty Co.New York Court of Appeals · 1907
3Cited by18 opinions
- Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
- Satz v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1926
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
- Stanulevich v. . St. Lawrence Life AssociationNew York Court of Appeals · 1920
- Zolintakis v. Equitable Life Assur. Soc.Court of Appeals for the Tenth Circuit · 1940
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