Legal Opinion

Lewis v. Alcoa S. S. Co.

District Court, S.D. New York

Decided May 4, 1944PublishedCited by 3 opinions

1Opinion of the Court

BONDY, District Judge.

The seaman’s war risk insurance policy insured “against loss of life and bodily injury * * * directly and solely occasioned by accidental external means.” Schedule 3 which relates to payments to be made in case of total disability provides: “This insurance, however, does not cover illness or disease of any kind (except pyogenic infections which shall occur through an accidental cut or wound) ‡ »

Plaintiff claims that he has been totally disabled by tuberculosis occasioned by accident.

On May 6, 1942, his ship was attacked by an enemy submarine. After he and other members…

2Cases cited6 opinions

  1. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  2. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
  3. Prudential Ins. Co. of America v. CarlsonCourt of Appeals for the Tenth Circuit · 1942
  4. McMartin v. Fidelity & Casualty Co.New York Court of Appeals · 1934
  5. Bush v. Order of United Commercial TravelersCourt of Appeals for the Second Circuit · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Tawada v. United StatesCourt of Appeals for the Ninth Circuit · 1947
  2. Novice v. Commercial Travelers Mutual Accident Ass'n of AmericaCity of New York Municipal Court · 1953
  3. Sutton v. United StatesDistrict Court, N.D. California · 1947

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