Marshall v. Commercial Travelers' Mutual Accident Assn. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1901, upon the submission of a controversy under section 1279 et seq. of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The contract of insurance will be strictly construed against the defendant and, if uncertain, will be construed most favorably to the insured. (Rann v. H. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1901, upon the submission of a controversy under section 1279 et seq. of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The contract of insurance will be strictly construed against the defendant and, if uncertain, will be construed most favorably to the insured. (Rann v. H. Ins. Co., 59 N. Y. 387; Kratzenstein v. W. Assur. Co., 116 N. Y. 54; Sneck v. T. Ins. Co., 88 Hun, 94; affd., 156 N. Y. 669;…
1Opinion of the CourtMartin, J.
Confessedly the determination of this controversy is dependent upon the construction of a single section or paragraph of the defendant’s constitution which is made a part of its policy or contract of insurance. The section to be considered reads as follows: Any member of this Association, who, during his membership, sustains by accident the loss of an arm or leg, or is injured by an accident, which injury shall result in the loss of an arm or leg, shall be entitled to, and shall receive as an indemnity for such loss, a sum equal to one-half the amount collected from an assessment as for one…
2Cases cited6 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Tyrrell v. Mayor of New YorkNew York Court of Appeals · 1899
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3Cited by14 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Jefferson County National Bank v. . DeweyNew York Court of Appeals · 1905
- Life Cas. Ins. Co. of Tenn. v. FordSupreme Court of Arkansas · 1927
- Yazujian v. J. Rich Steers, Inc.New York Supreme Court · 1949
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