Kreiss v. . &198tna Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence to sustain the judgment. The verdict of the jury is based upon speculation and conjecture and not upon any proof found in the record.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence to sustain the judgment. The verdict of the jury is based upon speculation and conjecture and not upon any proof found in the record. The motions of the defendant for a nonsuit and a direction of a verdict should have been granted. (Houlihan v. P. A. Ins. Co., 196 N. Y. 337; Maryland…
1Opinion of the CourtElktjs, J.
On October 8th, 1910, the defendant issued to the plaintiff a policy of accident insurance insuring the plaintiff against disability or death through accidental means and also agreed that, if the beneficiary named in the policy was not the insured or an insured beneficiary under any other policy issued by it, that it also insured such beneficiary against bodily injuries effected through accident while a passenger in a car “ or by reason and in consequence of the burning of a building while the beneficiary . is therein, * * * which injuries alone result within ninety days from date of accident…
2Cases cited2 opinions
- Houlihan v. . Preferred Accident Ins. Co.New York Court of Appeals · 1909
- Kleis v. Travelers InsuranceSupreme Court of Minnesota · 1912
3Cited by6 opinions
- Hiatt v. Travelers Insurance Co.Supreme Court of Iowa · 1924
- PACIFIC MUTUAL LIFE INSURANCE COMPANY v. WaltTennessee Supreme Court · 1955
- Arnold v. the Travelers Insurance Co.Supreme Court of Rhode Island · 1927
- Bobco v. Metropolitan InsuranceMichigan Supreme Court · 1962
- Brooks v. Provident Life & Accident Co.District Court, E.D. Texas · 1948
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