Williams v. United States Mutual Accident Ass'n
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Frances E. Williams against the United States Mutual Accident Association on an accident insurance policy issued by the appellant to Alonzo O. Williams, payable in case of loss to his wife, who brings this action.
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Appeal from circuit court, Saratoga county. Action by Frances E. Williams against the United States Mutual Accident Association on an accident insurance policy issued by the appellant to Alonzo O. Williams, payable in case of loss to his wife, who brings this action. The policy insured, subject to the conditions contained in it, against personal bodily injury, during the continuance of membership, through external violence and accidental means, designating the sums allowed for certain specified injuries, and providing that, “if death shall result from such injuries alone, and within ninety…
1Opinion of the CourtMayham, J.
It is insisted by the learned counsel for the appellant that there is no evidence in the ease that the insured came to his death by accidental means, within the intent and meaning of the policy; but that the uncontroverted proof is that the injury from which he died was occasioned by *730his own voluntary act, and that his death was suicidal. If, from the evidence, this contention can be maintained, then it was wrong for the learned trial judge to submit the case to the jury, and his refusal to nonsuit was error, for which the judgment should be reversed. But if, on the contrary, the evidence is…
2Cases cited5 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Stimson v. . WrigleyNew York Court of Appeals · 1881
- Peck v. Equitable Acc. Ass'nNew York Supreme Court · 1889
- Tucker v. Mutual Benefit Life Co.New York Supreme Court · 1888
- Goldschmidt v. Mutual Life InsuranceNew York Supreme Court · 1890
3Cited by6 opinions
- Klein v. Len H. Darling Co.Michigan Supreme Court · 1922
- Prudential Casualty Co. v. CurryAlabama Court of Appeals · 1914
- Da Rin v. Casualty Co. of AmericaMontana Supreme Court · 1910
- Le Pochat v. PendletonNew York Supreme Court · 1946
- National Life Insurance v. PatrickOhio Court of Appeals · 1927
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