Legal Opinion

Saperstein v. Commercial Travelers Mutual Accident Ass'n

New York Court of Appeals

Decided February 18, 1975PublishedCited by 3 opinions

1Opinion of the CourtJasen, J.

This is an action to recover a death benefit of $15,000 under an accident and sickness insurance policy. The policy contains provisions granting the insurer the right to perform an autopsy. The claimant refused insurer’s request to perform an autopsy of the insured. The sole question presented for our review is whether a refusal by a claimant to authorize an autopsy of an insured where a right to such autopsy is granted to the insured bars the claimant from recovery under the terms of the policy.

On May 11,1961, the defendant, Commercial Travelers Mutual Accident Association, issued to Ben…

2Cases cited6 opinions

  1. Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
  2. Wehle v. United States Mutual Accident Ass'nNew York Court of Appeals · 1897
  3. Gould v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  4. Gould v. Travelers Insurance CompanyNew York Court of Appeals · 1936
  5. Dvorkin v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1940

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

3Cited by3 opinions

  1. In re the Estate of JanisAppellate Division of the Supreme Court of the State of New York · 1994
  2. In re Estate of PoldrugovazAppellate Division of the Supreme Court of the State of New York · 2008
  3. Guardian Life Insurance Co. of America v. HandelAppellate Division of the Supreme Court of the State of New York · 1993

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