Schumacher v. Great Eastern Casualty & Indemnity Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question ivas certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the allegations, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question ivas certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the allegations, so far as material, are stated in the opinion. The policy does not cover death from septicaemia apart from accident. (Van Bokkelen v. T. Ins. Co., 34 App. Div. 339; 167 N. Y. 590; Æ. L. Ins. Co.…
1Opinion of the CourtChase, J.
The allegations of the complaint, which are material in considering the question presented by the defendant, are that the defendant issued to William H. Schumacher its policy of insurance, in and by which the defendant for the consideration therein named insured Schumacher “against the effects of bodily injuries caused directly and independently of all other causes by external, violent and accidental means, which bodily injuries or their effects shall not be caused wholly or in part, directly or indirectly by any bodily or mental disease, defect or infirmity,” for loss of life, loss of both…
2Cases cited3 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Martin v. Manufacturers' Accident Indemnity Co.New York Court of Appeals · 1896
- Landon v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Gallagher v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Harasymczuk v. Massachusetts Accident Co.New York Supreme Court · 1926
- Bukata v. Metropolitan Life InsuranceSupreme Court of Kansas · 1937
- Tobani v. Carl Fischer, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Anderson v. Great Eastern Casualty Co.Utah Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.