Caporino v. Travelers Insurance
New York Court of Appeals
POINTS OF COUNSEL I. Since there are no ambiguities and uncertainties as to meaning of the insurance policy, Travelers is entitled to have its contract of insurance enforced without a construction contrary to its express terms. (Gertner u Glens Falls Ins. Co., 193 App Div 836, 233 NY 568; Jacobs v Maryland Cas. Co., 198 App Div 470, 234 NY 622; Breed v Insurance Co. of North Amer., 46 NY2d 351; Johnson v Travelers Ins. Co., 269 NY 401; Warren v Postal Life Ins.
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POINTS OF COUNSEL I. Since there are no ambiguities and uncertainties as to meaning of the insurance policy, Travelers is entitled to have its contract of insurance enforced without a construction contrary to its express terms. (Gertner u Glens Falls Ins. Co., 193 App Div 836, 233 NY 568; Jacobs v Maryland Cas. Co., 198 App Div 470, 234 NY 622; Breed v Insurance Co. of North Amer., 46 NY2d 351; Johnson v Travelers Ins. Co., 269 NY 401; Warren v Postal Life Ins. Co., 163 App Div 638; Paul v Travelers Ins. Co., 112 NY 472; Hunter v Federal Cas. Co., 199 App Div 223; Gale v Mutual Aid & Acc.…
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Where insurance policies provided that additional benefits would be paid upon proof that the insured’s death resulted from external, violent and accidental means evidenced by a visible exterior wound, and that supplemental benefits would be paid if death occurred before a specified date, the beneficiary raised no triable issue of fact concerning her right to recover either additional or supplemental benefits by presenting evidence of the insured’s unexplained disappearance, and summary judgment should have been granted in favor of the insurers dismissing her claims.
*238Responde…
3Cases cited7 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
- Rosenthal v. American Bonding Co. of BaltimoreNew York Court of Appeals · 1912
- Weinberg & Holman, Inc. v. Providence Washington InsuranceNew York Court of Appeals · 1930
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4Cited by48 opinions
- Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988
- Raymond Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2005
- Bretton v. Mutual of Omaha InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Slattery Skanska Inc. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Board of Education, Yonkers City School District v. CNA InsuranceDistrict Court, S.D. New York · 1986
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