Legal Opinion

McMartin v. Fidelity & Casualty Co.

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

Decided November 14, 1933PublishedCited by 6 opinions

1Opinion of the CourtHeffernan, J.

The principal question which this appeal presents relates to the construction of one of the provisions of an accident policy issued by respondent to one McMartin. By that contract respondent agreed to pay to appellant, McMartin’s widow, the sum of $7,500 in the event that the insured died as the result of bodily injuries accidentally sustained, “ directly and independently of all other cause?.”

At the close of her case appellant was nonsuited on the ground that death was not caused solely through accidental means.

In reviewing the ruling of the trial court appellant is entitled not only to the…

2Cases cited23 opinions

  1. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
  4. Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
  5. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919

18 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Preferred Accident Ins. Co. of New York v. CombsCourt of Appeals for the Eighth Circuit · 1935
  2. New York Life Ins. Co. v. WilsonCourt of Appeals for the Ninth Circuit · 1949
  3. Lewis v. Alcoa S. S. Co.District Court, S.D. New York · 1944
  4. Riche v. Metropolitan Life InsuranceNew York Supreme Court · 1948
  5. Hannon v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1944

1 more not listed; retrieve them via the Exa API.

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