Legal Opinion

Bolger v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 1937PublishedCited by 5 opinions

1Per curiam

The action is to recover double indemnity upon four industrial life insurance policies because of the death of the insured by violent and external accidental means. Defendant appeals from a judgment entered upon a verdict directed in favor of plaintiff.

The only point on the trial that was saved by the appellant was whether there was or was not a presumption against suicide. The proof established that the insured died from carbon monoxide poisoning, and defendant conceded that a death from such a cause was due to violent and external means. Defendant disavowed a desire to go to the jury or to…

2Cases cited7 opinions

  1. Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
  2. Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
  3. Weil v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. Martorella v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1935
  5. Williams v. United States Mut. Acc. Ass'nNew York Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Shalita v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
  2. Schelberger v. Eastern Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
  3. Jahn v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1939
  4. Shtevelan v. Metropolitan Life InsuranceCity of New York Municipal Court · 1937
  5. Weidy v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1939

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