Porter v. Preferred Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida C. Porter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 10th day of February, 1904, upon a nonsuit granted by th,e court after a trial at the Oneida Trial Term.
Read the full summary
Appeal by the plaintiff, Ida C. Porter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 10th day of February, 1904, upon a nonsuit granted by th,e court after a trial at the Oneida Trial Term. The action was commenced on the 22d day of October, 1902, to recover upon an accident insurance policy issued by-the defendant to one Joseph Porter, now deceased, and in which the plaintiff was named as sole beneficiary.
1Opinion of the Court
McLennan, P. J.:
The facts are not in dispute. The plaintiff- introduced in evidence a policy of insurance bearing date November 15, 1893, duly issued by the defendant, which purported to insure "one Joseph Porter against the effects of bodily injury caused solely by external, violent and accidental means, and. provided that if death resulted from such injury within ninety days from the date thereof the defendant would pay the sum of $3,000 to Ida 0. Porter, this plaintiff. The policy by its express terms relieved the defendant of liability for bodily injury to the insured and for his death…
2Cases cited2 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Menneiley v. Employers' Liability Assurance Corp.New York Court of Appeals · 1896
3Cited by8 opinions
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Birss v. Order of United Commercial Travelers of AmericaNebraska Supreme Court · 1922
- Hodgson v. Preferred Accident InsuranceNew York Supreme Court · 1917
- Riley v. Inter-State Business Men's Accident Ass'nSupreme Court of Iowa · 1918
- Safe Deposit & Trust Co. v. New York Life Ins.District Court, D. Maryland · 1936
3 more not listed; retrieve them via the Exa API.