Legal Opinion

Howard v. Aetna Life Insurance

City of New York Municipal Court

Decided March 26, 1947Published

1Opinion of the CourtJoyce, J.

This is a motion by the defendant for summary judgment, pursuant to rule 113 of the Rules of Civil Practice.

It seems defendant issued a policy of life insurance on the life of Antanas Bulavas, wherein the plaintiff was the beneficiary. The assured died on May 29,1944, shortly after having partaken of a certain liquor as a beverage which thereafter was found to have contained methyl alcohol, a poison. Defendant paid the face amount of the policy.

Plaintiff now sues to recover a like amount, claiming the -death of the assured came within the terms and provisions of the double indemnity clause of…

2Cases cited6 opinions

  1. Rasmussen v. New York Life InsuranceNew York Court of Appeals · 1935
  2. Osburn v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1934
  3. Diamond v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
  4. Pixley v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1917
  5. Feldstein v. New York Life Insurance CompanyNew York Court of Appeals · 1941

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