Winter v. New York Life Insurance

The plaintiff in this action sought to recover the double indemnity provided for in two policies of insurance by reason of the alleged violent and accidental death of the insured. A necessary part of plaintiff’s case was the establishment of the fact that there had been submitted to defendant due proof of accidental death. (Wachtel v. Equitable Life Assurance Society, 266 N. Y. 345.) It is admitted that defendant received proof of death. It also appears from the colloquy of trial counsel and the court that there *677was submitted a copy of the report of the local medical examiner which stated…