McGrail v. Equitable Life Assurance Society of the United States
New York Court of Appeals
I. The evidence justified a finding that the accident was the sole and exclusive cause of the plaintiff’s disability. (Silverstein v. Metropolitan Life Ins. Go., 254 N. T. 81; JEtna Life Ins. Go. v. Young, 113 F. 2d 601; Preferred Accident Ins. Go. of New York v. Combs, 76 F. 2d 775; Lewis v. Ocean Acc. & G. Gorp., 224 N. Y. 18; Schwarts v. Commercial Travelers Mutual Association, 132 Mise. 200, 227 App. Div. 711, 254 N. Y. 523; Miller v. F. & Gas.
Read the full summary
I. The evidence justified a finding that the accident was the sole and exclusive cause of the plaintiff’s disability. (Silverstein v. Metropolitan Life Ins. Go., 254 N. T. 81; JEtna Life Ins. Go. v. Young, 113 F. 2d 601; Preferred Accident Ins. Go. of New York v. Combs, 76 F. 2d 775; Lewis v. Ocean Acc. & G. Gorp., 224 N. Y. 18; Schwarts v. Commercial Travelers Mutual Association, 132 Mise. 200, 227 App. Div. 711, 254 N. Y. 523; Miller v. F. & Gas. Go., 97 F. 836; JEtna Life Ins. Go. v. Young, 103 F. 2d 839.) II. The evidence justified a finding that the plaintiff was wholly and continuously…
1Opinion of the CourtRippey, J.
On August 4, 1919, defendant issued its policy of insurance to plaintiff whereby it agreed to pay a weekly indemnity for total disability arising from bodily injury effected during tbe term of tbe policy solely through external, violent and accidental means, directly and independently of other causes, which injury should wholly and continuously disable the insured from the date of the accident and prevent him from performing “ any and every duty pertaining to his occupation,” for a period of two hundred consecutive weeks and thereafter so long as the insured should be wholly and continuously…
2Cases cited23 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
18 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- White v. Continental Casualty Co.New York Court of Appeals · 2007
- Allianz Insurance Company v. Regina LernerCourt of Appeals for the Second Circuit · 2005
- Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- International Business Machines Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2004
112 more not listed; retrieve them via the Exa API.