Legal Opinion

Rosenfeld v. Travelers' Insurance

Appellate Terms of the Supreme Court of New York

Decided September 15, 1916Published

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, fifth district, rendered May 24,1916, in favor of plaintiff, after a trial by the court without a jury, for $204.75 damages and costs.

1Opinion of the CourtBenedict, J.

This is an action for $175 for seven weeks indemnity at $25 a week under a policy of insurance issued by defendant against loss from bodily injury arising from accidental causes. The answer denied knowledge or information sufficient to form a belief as to the fact of injury and its consequences.

The learned court below held, and as I think properly, that the plaintiff was entitled to a judgment against the defendant for a sum which represented, according to the plaintiff’s claim as amended at the trial, an indemnity at the rate of twenty-five dollars a week for and during the period of his…

2Cases cited3 opinions

  1. Fidelity & Casualty Co. of New York v. MorrisonAppellate Court of Illinois · 1906
  2. Tooley v. Railway Pass. Assur. Co.U.S. Circuit Court for the Southern District of Illnois · 1873
  3. Gibson v. Casualty Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1913

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