Udisky v. Metropolitan Life Insurance

Action to recover double indemnity under a policy of insurance issued by the defendant upon the life of Anthony Udisky. The insured died as a consequence of injuries suffered in the course of an attempted escape from a jail in which he was confined as a prisoner. Plaintiff sought recovery on the theory that decedent had suffered death as a consequence of an accident. Order dated December 30, 1941, granting plaintiff’s motion to strike out a separate defense, reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The defense sufficiently…