Legal Opinion
Broun v. Equitable Life Assurance Society of United States
New York Court of Appeals
Decided December 18, 1986PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and a new trial granted.
On this record and in light of the strong presumption against suicide, it cannot be said that a fair question of fact as to accident has not been presented (Wellish v John Hancock Mut. Life Ins. Co., 293 NY 178, 185). Where, as here, there is a reasonable hypothesis of accidental death, however unlikely, it is the jury’s business to resolve the doubt (id., at p 185; see also, Begley v Prudential Ins. Co., 1 NY2d 530). The jury verdict cannot, therefore, be set aside for…
2Cases cited9 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- People v. KeindlNew York Court of Appeals · 1986
- People v. CroninNew York Court of Appeals · 1983
- People v. HensonNew York Court of Appeals · 1973
- People v. . CreasyNew York Court of Appeals · 1923
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. CaseyNew York Court of Appeals · 2000
- Victoria C. v. Higinio C.New York City Family Court · 1995
- Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Coakley v. Parkway HospitalAppellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.