Legal Opinion

Green v. William Penn Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 2007PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

On this appeal, we are provided the opportunity to revisit the ancient common-law evidentiary presumption against death by suicide, as it is applied in New York, particularly as it relates to appellate review of a trial court’s finding of suicide.

The facts are as follows. On February 20, 2002, at approximately 6:30 p.m., plaintiff Lisa Green found her husband, Alan Green, who was then 54 years old, lying in their bed when she arrived home from work. The bed was made and he was on top of the covers with a copy of the New York Times, his Palm Pilot and his portfolio…

2Cases cited5 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
  3. Wellisch v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1944
  4. Schelberger v. Eastern Savings BankNew York Court of Appeals · 1983
  5. Schelberger v. Eastern Savings BankAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by6 opinions

  1. Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Green v. William Penn Life InsuranceNew York Court of Appeals · 2009
  3. Infante v. DignanDistrict Court, W.D. New York · 2011
  4. Infante v. DignanAppellate Division of the Supreme Court of the State of New York · 2008
  5. Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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