Legal Opinion

Jahn v. Commercial Travelers Mutual Accident Ass'n of America

Appellate Division of the Supreme Court of the State of New York

Decided January 23, 1939PublishedCited by 5 opinions

1Opinion of the Court

Action for the amount of coverage under a policy of accident insurance. Judgment for the plaintiff reversed on the law and a new trial ordered, costs to abide the event. The court erred in its charge at folios 673, 692, 693 and 695. The errors in those particulars grew out of the assumption that at the close of the entire case the plaintiff was entitled to the benefit of the presumption of law against suicide. That presumption is only available when there is no evidence adduced by the defendant from which it may be inferred that the death was suicidal. WThen such evidence is adduced the…

2Cases cited3 opinions

  1. New York Life Insurance v. GamerSupreme Court of the United States · 1938
  2. Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
  3. Bolger v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by5 opinions

  1. Shalita v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
  2. United American Life Insurance Company v. BeadelCourt of Appeals of Arizona · 1970
  3. Begley v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1955
  4. Graus v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1943
  5. Wyckoff v. Mutual Life InsuranceOregon Supreme Court · 1944

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