Gulkis v. New York Life Insurance

This is an action based on a double indemnity provision. Defendant moves for summary judgment dismissing the complaint on the ground that the provision specifically excludes a case such as this where the assured has concededly died from an overdose of morphine, codeine and barbiturates, even if accidental as contended by plaintiff.

The policy states: ‘ ‘ Double Indemnity shall not be payable if the Insured’s death resulted from self-destruction, whether sane or insane; from the taking of poison or inhaling of gas, whether voluntary or otherwise ’ ’. It is clear from the express use of the…