Saperstein v. Commercial Travelers Mutual Accident Ass'n

There is no issue here as to whether the autopsy, under the terms of the policy, was 1 ‘ forbidden by law ”, .since decedent by expressly agreeing to be bound by said terms gave his consent to the autopsy (see Wehle v. United States Mut. Acc. Assn., 153 N. Y. 116, 122). Having given same, a postmortem examination as such was not forbidden by law in New York State (cf. Public Health Law, § 4210-a; see 14 N. Y. Jur., Dead Bodies, § 17).

*491The demand for the autopsy was timely made. The delay of approximately one month from the notice of death to the request for said procedure was immaterial (Gould…