Barrows 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 an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of September, 1916, denying its motion to compel the plaintiff either to state separately the two causes of action contained in the third cause "of action alleged in the complaint or in the alternative to strike out said third cause of action as irrelevant…
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Appeal by the defendant, The Fidelity and Casualty Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of September, 1916, denying its motion to compel the plaintiff either to state separately the two causes of action contained in the third cause "of action alleged in the complaint or in the alternative to strike out said third cause of action as irrelevant and redundant.
1Opinion of the Court
Scott, J.:
The action is brought upon a policy of accident insurance to recover for two separate and successive accidents which happened to the insured. The insurance is against “Bodily injury * * * through accidental means * * * resulting directly, independently and exclusively of all other-causes, in (a) immediate, continuous and total disability that prevents the Assured from performing any and every kind of duty pertaining to his occupation;
*540“ (b) immediate (as respects the injury or as respects preceding total disability) and continuous partial disability that prevents the Assured from…
2Cases cited2 opinions
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- K. Egan & Co. v. ButterworthAppellate Division of the Supreme Court of the State of New York · 1901