Legal Opinion

Rasmussen v. New York Life Insurance

New York Court of Appeals

Decided April 16, 1935PublishedCited by 16 opinions

1Opinion of the CourtLoughran, J.

A policy of insurance issued by defendant upon the life of plaintiff’s husband stipulates for payment to plaintiff of twice its face amount in the event “ that the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means.” This is an action to recover the double indemnity so to be paid. It is conceded that the insured “ died from carbon monoxide poisoning; ” that “ carbon monoxide is a poisonous gas; ” and that, within the foregoing term of the policy, death was the result of accident,…

2Cases cited4 opinions

  1. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  2. Fowler v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1889
  3. Osburn v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1934
  4. Untermyer v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by16 opinions

  1. Ferrer v. CommissionerUnited States Tax Court · 1961
  2. Spence v. New York Life InsuranceSupreme Court of Kansas · 1941
  3. Edward B. Marks Music Corporation v. FoullonCourt of Appeals for the Second Circuit · 1949
  4. Concoff v. Occidental Life InsuranceNew York Court of Appeals · 1958
  5. Safe Deposit & Trust Co. v. New York Life Ins.District Court, D. Maryland · 1936

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