Lewis v. Ocean Accident & Guarantee Corp.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. • The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
The plaintiff’s testator, John F. Bailey, held a policy of insurance issued by the defendant. It covered “ loss or disability, resulting directly, independently, and exclusively of all other causes, from bodily injuries effected solely through accidental means.” The question is whether injuries resulting in death were effected by accidental means within the meaning of the policy. The trial judge dismissed the complaint. The Appellate Division, two justices dissenting, affirmed.
On July 6, 1915, the insured had. a pimple on his lip. A friend who lunched with him says that it looked like an…
2Cases cited8 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- Bailey v. Interstate Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Bailey v. . Inter-State Casualty CompanyNew York Court of Appeals · 1899
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3Cited by232 opinions
- Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983
227 more not listed; retrieve them via the Exa API.