Legal Opinion

Barnstead v. Commercial Travelers' Mutual Accident Ass'n of America

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

Decided March 2, 1923PublishedCited by 14 opinions

1Opinion of the Court

Page, J.:

The facts in this case are undisputed. George C. Barnstead, the husband of the plaintiff, was insured by the defendant against any one of the bodily injuries in the policy set forth “ which is the direct and approximate result of and which is caused solely *474and exclusively by external, violent and accidental means in the following sums respectively * * * 1. For loss of life $5,000.” Indemnity for loss of life was payable to the plaintiff.

George C. Barnstead went to a dentist to have a tooth extracted. The dentist administered nitrous oxide gas or, as it is commonly known, laughing…

2Cases cited4 opinions

  1. Appel v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
  2. Townsend v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1921
  3. Appel v. . Aetna Life Insurance CompanyNew York Court of Appeals · 1904
  4. Fane v. National Ass'n of Railway Postal ClerksAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by14 opinions

  1. Berkowitz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
  2. Parker v. Provident Life Accident Ins. Co.Supreme Court of Louisiana · 1933
  3. Gould v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  4. McGinley v. John Hancock Mutual Life Ins.Supreme Court of New Hampshire · 1936
  5. Mansbacher v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1936

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