Legal Opinion

Shneiderman v. Metropolitan Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1961PublishedCited by 7 opinions

1Opinion of the CourtEager, J.

This is a submission of a controversy on agreed statement of facts pursuant to sections 546 to 548 of the Civil Practice Act. Involved is the right of the plaintiff to recover the death benefit under a special disability insurance policy issued by defendant to David Seymour on February 1, 1953. The policy provided inter alia for payment of the principal sum of $5,000 to plaintiff, as the designated beneficiary, for loss of life of the insured resulting from accidental bodily injury. The policy, however, contained the express exclusory provision that “ This insurance does not cover death * * *…

2Cases cited27 opinions

  1. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
  4. McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
  5. Matsuo Yoshida and Chisato Yoshida v. Liberty Mutual Insurance Company, a CorporationCourt of Appeals for the Ninth Circuit · 1957

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3Cited by7 opinions

  1. Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
  2. National Screen Service Corporation v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1966
  3. Metpath, Inc. v. Birmingham Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
  4. Pan American World Airways, Inc. v. The Aetna Casualty & Surety Co. Et Al.Court of Appeals for the Second Circuit · 1974
  5. County of Monroe v. Travelers Insurance CompaniesNew York Supreme Court · 1979

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