Rooney v. Mutual Benefit Health & Accident Ass'n

WHITE, J.—This

action was instituted by plaintiff to recover the principal amount of two policies of health and accident insurance issued by defendant to Preston E. Rooney, plaintiff’s husband, by reason of the death of her husband.

By her complaint plaintiff alleged that the death of her husband resulted from injuries sustained within the meaning of the insuring clause of each policy of insurance. The wording of the insuring clause in each policy was identical.

*887By its answer defendant denied that the insured’s death resulted from injuries sustained within the meaning of the insuring clause of…