Rider v. Preferred Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Preferred Accident Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 25th day of June, 1917, upon the verdict of a jury and also from an order entered in said clerk’s office on the 19th day of May, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The policy provides, in case of injury, fatal or otherwise, resulting from causes therein stated, “ or from injury, fatal or otherwise, intentionally inflicted upon the insured by himself or by any other person, * * *, the Company’s liability shall be one-tenth the amount which would otherwise be payable under this policy.”
The complaint alleged that the insured received a gun shot wound from a firearm, gun and revolver fired by one Edward Sackett, resulting in the death of the insured. It alleges in specific terms that the bodily injuries were not sustained by the insured from…
2Cited by12 opinions
- Johnson v. Insurance Co. of North AmericaSupreme Court of Virginia · 1986
- Globe American Casualty Co. v. LyonsCourt of Appeals of Arizona · 1981
- State Farm Fire & Casualty Co. v. WickaSupreme Court of Minnesota · 1991
- ARKWRIGHT-BOSTON MFRS., ETC. v. DunkelDistrict Court of Appeal of Florida · 1978
- Transamerica Insurance Corp. of America v. BoughtonMichigan Court of Appeals · 1989
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