Houlihan v. . Preferred Accident Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1908, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1908, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The rule that where an insurance com pany frames a policy in language which is ambiguous, or which requires interpretation, or which is reasonably susceptible of different meanings, the uncertainty should be resolved contra proferentem, is most inapplicable where the…
1Opinion of the CourtWillard Bartlett, J.
This is an action upon a policy of accident insurance. The policy was issued by the defendant corporation to the plaintiff, and the plaintiff’s sister, Mrs. J. B. Manning, was named therein as beneficiary. It insured the beneficiary against the effect of external, violent and accidental injury (1) if caused solely and directly by the disablement or wrecking of a passenger car using steam, cable, compressed air or electricity as a motive power while the said person is riding as a passenger therein ; or (2) if caused solely and directly by the wrecking or foundering of a steam vessel licensed…
2Cases cited3 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Preston v. . Aetna Insurance Co.New York Court of Appeals · 1908
3Cited by29 opinions
- Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
- Sutro Bros. & Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. New York · 1967
- Weil v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Hiatt v. Travelers Insurance Co.Supreme Court of Iowa · 1924
- Commonwealth Life Insurance Co. v. OvesenCourt of Appeals of Kentucky (pre-1976) · 1935
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