Legal Opinion

Gallagher v. . the Fidelity and Casualty Co. of New York

New York Court of Appeals

Decided October 23, 1917PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 6, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action upon a policy of accident insurance. Plaintiff sustained a sunstroke resulting in disability for a period of weeks for • which he claimed indemnity under the policy.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 6, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action upon a policy of accident insurance. Plaintiff sustained a sunstroke resulting in disability for a period of weeks for • which he claimed indemnity under the policy. Defendant contended that plaintiff failed to show that the sunstroke was “ suffered through accidental means ” within the meaning of the policy.

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ.

2Cited by24 opinions

  1. Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
  2. Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
  3. Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
  4. Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
  5. Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937

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