Schichman v. Commercial Travelers Mutual Accident Ass'n
New York Supreme Court
1Opinion of the CourtHooley, J.
This action was brought by plaintiff to recover $5,000 alleged to be due to him under a certificate of membership issued by the defendant corporation, whereunder he was insured, among other things, against the loss of a leg caused solely and exclusively by external, violent and accidental means, provided that such loss occurred within 90 days after the accident which caused it. It is conceded by plaintiff that the amputation took place 108 days after the accident.
The jury has resolved in favor of the plaintiff the issue as to whether the loss of the leg was the direct proximate result…
2Cases cited3 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Thompson v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1917
3Cited by2 opinions
- Callahan v. American Motorists InsuranceNew York Supreme Court · 1968
- Schmuckler v. Commercial Travelers Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1969