Orey v. Mutual Life Insurance Co. of N.Y.

The appellant was the beneficiary of a life insurance policy upon the life of Leo J. Orey, and brought this action to recover double indemnity under the policy on the theory that the death of the insured resulted from bodily injuries within the terms of the double indemnity clause of the policy. At the conclusion of the plaintiff’s evidence the jury returned a verdict for the defendant, pursuant to a peremptory instruction given by the court at the request of the defendant. The plaintiff specified the giving of this instruction as cause for a new trial, and the motion was overruled. The…