Legal Opinion
City Bank Farmers Trust Co. v. Equitable Life Assurance Society of United States
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1936PublishedCited by 6 opinions
1Opinion of the CourtUntermyer, J.
We think the cause of action as to each defendant is controlled by the decision in Wachtel v. Equitable Life Assur. Soc. (266 N. Y. 345), and that the judgment as to each must be reversed and the complaint dismissed.
It was a condition of liability under each policy not only that death should have resulted from accidental cause but that due proof of that fact should have been submitted to the insurers. No such proof was submitted to any of the defendants. The claimant’s affidavit merely sets forth in each case that death was caused by carbon monoxide gas which under the facts set forth in the…
2Cases cited1 opinion
- Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
3Cited by6 opinions
- Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
- Begley v. Prudential InsuranceNew York Court of Appeals · 1956
- Lampert v. John Hancock Mut. Life Ins.District Court, E.D. New York · 1939
- Begley v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1955
- Standard Accident Ins. v. HeatfieldCourt of Appeals for the Ninth Circuit · 1944
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