Cohen v. Metropolitan Life Ins.

KIRKPATRICK, District Judge.

This is an appeal from a summary judgment for the defendant in an action for accidental death benefits, by the beneficiary in three contracts of life insurance. The only question involved is whether the plaintiff has complied with the conditions of the policy relating to the furnishing of due proof of the death of the insured by accidental means.

In passing upon the motion, the court had before it the pleadings, the plaintiff’s answer to the defendant’s request for admissions, to which was annexed a proof of death in the form of questions and answers together with…