Whiteside v. North American Accident Insurance
New York Court of Appeals
Appeal from a judgment entered May 14, 1907, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directed judgment for plaintiff for the amount demanded in the complaint under a stipulation made by the parties hereto.
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Appeal from a judgment entered May 14, 1907, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directed judgment for plaintiff for the amount demanded in the complaint under a stipulation made by the parties hereto. The nature of the action and the facts, so far as material, are stated in the opinion. Delirious sickness rendering it impossible for an insured to attend to a condition of the policy will not excuse…
1Opinion of the CourtHiscock, J.
This action was brought on a policy of insurance issued by the appellant, whereby, amongst other things, it agreed to pay to the insured a certain sum each week during sickness. The policy is not set forth in full, but the complaint alleges that it contained “A provision that written notice fi’om the insured or his representative stating the time, place and nature of injury, or death, or commencement of sickness, must be mailed to the Secretary of the Company at its home office * * * within ten days after the date of such injury, death or commencement of sucli sickness, as conditions…
2Cases cited7 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Forsyth v. . City of OswegoNew York Court of Appeals · 1908
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
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3Cited by64 opinions
- Metropolitan Life Insurance Company v. Rjr Nabisco, IncorporatedCourt of Appeals for the Second Circuit · 1990
- Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Diversified Mortgage Investors v. U. S. Life Title Insurance Company of New YorkCourt of Appeals for the Second Circuit · 1976
- Courson v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1929
59 more not listed; retrieve them via the Exa API.