Legal Opinion
McMartin v. Fidelity & Casualty Co.
New York Court of Appeals
Decided April 17, 1934PublishedCited by 37 opinions
1Opinion of the CourtCrouch, J.
The defendant issued a policy of insurance to James McMartin “ against disability or death resulting directly and independently of all other causes, from bodily injuries sustained through external, violent and accidental means.” While the policy was in force the insured, driving his automobile, sustained bodily injuries within the terms of the policy. He was taken to a hospital where, twenty days later and without having left his bed, he died.
Disregarding certain alleged errors in evidential rulings which we deem trivial and insubstantial, the sole question is whether death resulted directly…
2Cases cited6 opinions
- Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
- Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
- Smith v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Allendorf v. Fidelity & Casualty Co.New York Court of Appeals · 1928
- Reynell v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Browning v. Equitable Life Assur. Soc.Utah Supreme Court · 1937
- Mahon v. American Cas. Co. of ReadingNew Jersey Superior Court Appellate Division · 1961
- Berkowitz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- Howe v. National Life InsuranceMassachusetts Supreme Judicial Court · 1947
- Preferred Accident Ins. Co. of New York v. CombsCourt of Appeals for the Eighth Circuit · 1935
32 more not listed; retrieve them via the Exa API.