Beare v. Prudential Insurance Co. of America

Appeal from a judgment of the Supreme Court in favor of defendant, entered July 14, 1977 in Ulster County, upon a decision of the court at Trial Term, with an advisory jury. The facts are substantially undisputed. Plaintiff is the widow and named beneficiary of three life insurance policies issued to her husband who died at age 38 on February 11, 1970. The total face value of the policies is $49,000 and each provides for double indemnity in the event of accidental death. The instant action was commenced to recover under this latter clause of the policies after defendant denied liability.…