Dineen v. General Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The General Accident Insurance Company of Philadelphia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of December, 1907, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the Municipal Court of the city of Buffalo, rendered on the 28th day of August, 1907, upon the verdict of a jury, with notice of an…
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Appeal by the defendant, The General Accident Insurance Company of Philadelphia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of December, 1907, upon the decision of the court, rendered after a trial at the Erie Special Term, affirming a judgment of the Municipal Court of the city of Buffalo, rendered on the 28th day of August, 1907, upon the verdict of a jury, with notice of an intention to bring up for review an order of the Supreme Court, entered in said clerk’s office on the 5th day of December,…
1Opinion of the Court
Spring, J.:
In June, 1905, the defendant issued to the plaintiff an accident and health insurance policy whereby it agreed to pay the plaintiff for total accident disability forty dollars per month and a less sum for partial disability. The plaintiff on April 10, 190G, fell on a defective sidewalk, fracturing his ankle and sustained other injuries, and has recovered a judgment on the policy by reason of these injuries, and their extent and the amount of the liability of the defendant are not involved if the policy was in force at the time of the disability.
In his application the plaintiff…
2Cases cited5 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
- Robinson v. Supreme CommanderyAppellate Division of the Supreme Court of the State of New York · 1902
- Robinson v. Supreme Commandery, United Order of the Golden Cross of the WorldNew York Court of Appeals · 1904
- Bowery Bay Building & Improvement Co. v. Rossiter, MacGovern & Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Donald Vella v. The Equitable Life Assurance Society of the United States and the Equitable Group and Life Insurance Co.Court of Appeals for the Second Circuit · 1989
- Mutual Life Insurance Co. v. FordCourt of Appeals of Texas · 1910
- Bowles v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Fourth Circuit · 1938
- Fanger v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Garcia v. American General Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
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