Legal Opinion
Irwin v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1935PublishedCited by 5 opinions
1Opinion of the CourtCarswell, J.
The defendant insured plaintiff, a physician, under two policies, against loss of time due to accident. On September 11, 1930, he was struck on the head with a blackjack under circumstances treated as within the terms of the policies. He filed a claim and received $377.15 as full payment for disability during the period from September 11, 1930, to October 6, 1930. On the latter date he resumed practice, but again became disabled on December 26, 1930, and so continued until April 1, 1931. He thereupon began this action to rescind the release and settlement for the first period and to recover…
2Cases cited1 opinion
- Preston v. . Aetna Insurance Co.New York Court of Appeals · 1908
3Cited by5 opinions
- Browning v. Equitable Life Assur. Soc.Utah Supreme Court · 1937
- McGrail v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1942
- Skinner v. Continental Casualty Co.District Court of Appeal of Florida · 1972
- American Charm Corp. v. St. Paul Life & Marine InsuranceCivil Court of the City of New York · 1967
- Lapkin v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1943