Legal Opinion

Saperstein v. Commercial Travelers Mutual Accident Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1973Published

1Opinion of the CourtGreenblott, J.

This is an appeal (1) from an order of the Supreme Court at Special Term, entered January 19, 1972 in Sullivan County, which granted a motion by defendant for summary judgment dismissing the complaint, and .(2) from the judgment entered thereon.

The insured Ben Saperstein died on March 3,1968 following a one-car accident on an allegedly icy road. The police report and the coroner’s report indicated a broken neck as the cause of death, and burial occurred on March 5. The defendant Commercial Travelers Mutual Accident Association had issued a policy of insurance in the amount of $15,000 against,…

2Cases cited7 opinions

  1. Wehle v. United States Mutual Accident Ass'nNew York Court of Appeals · 1897
  2. Gould v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  3. Gould v. Travelers Insurance CompanyNew York Court of Appeals · 1936
  4. McCulloch v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1940
  5. Dvorkin v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1940

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