Novak v. Equitable Life Assurance Society of the United States

The plaintiff Rose Novak is the beneficiary under a policy of insurance issued to her deceased husband by the defendant. She seeks to recover for his alleged accidental death. Defendant moved for summary judgment on the ground that the insured was engaged in the commission of a felony at the time of his death and that recovery under such circumstances was barred by a clause in the policy which reads as follows:

“No payment shall be made under this policy for any loss resulting from or caused directly or indirectly, wholly or partly, by . . .

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“(d) participation in or in consequence of having…