Bacon v. United States Mutual Accident Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order-made ¡November 20, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and. affirmed an order-denying a motion for a new trial. This was an action upon an accident policy or certificate of insurance issued by the defendant.
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Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order-made ¡November 20, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and. affirmed an order-denying a motion for a new trial. This was an action upon an accident policy or certificate of insurance issued by the defendant. The defendant isa corporation organized under the laws of this state for the purpose of carrying on the business of accidental or casualty insurance on the co-operative or assessment plan. On the 28th of September, 1883, Frederick…
1Opinion of the CourtPeckham, J.
I think the deceased died from disease within the meaning of the language used in the policy sued upon in this action, and not from an accident causing the disease. The disease itself was not caused by an accident within the meaning of the policy.
The case of Paul v. Travelers’ Ins. Co. (112 N. Y. 472) has been cited by counsel for the respondent as decisive of his case. Hpon the question decided the case is conclusive, and we have no disposition to alter our views as expressed therein. But upon the question of whether the deceased in this case died from disease, as above stated, the case of…
2Cases cited1 opinion
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
3Cited by16 opinions
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- Delaney v. Modern Accident ClubSupreme Court of Iowa · 1903
- Burns v. Employers' Liability Assurance Corp.Ohio Supreme Court · 1938
- Klein v. Len H. Darling Co.Michigan Supreme Court · 1922
- Johnson v. Fidelity & Casualty Co.Michigan Supreme Court · 1915
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