O'Connell v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1902, upon the verdict of a jury, and also from, an order entered in said clerk’s office on the 6th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover $1,000 on a policy of accident insurance issued to the plaintiff’s husband and payable tq her. The policy provided, among other things, that if the decedent should receive bodily injuries sustained through “ external, violent and accidental means,” resulting in death within ninety days thereafter, independently of all other causes, the company would pay the plaintiff the sum of $1,000. The conditions attached to the policy provided, among other things, that proofs of death should be furnished within two months and that legal proceedings should not…
2Cases cited4 opinions
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Doheny v. LacyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Topinka v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1933