Udisky v. Metropolitan Life Insurance

On the submission of this motion it was stipulated that the notice be amended, and that the motion might be considered by the court as a motion made solely for relief pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice. The court is concerned, therefore, only with the sufficiency of the defense, which alleges, as against a claim for an accidental death benefit, provided to be paid in an industrial life insurance policy, that the insured sustained injuries which caused or contributed to his death, while in the commission of a felony, to wit, attempting to escape from…