Finucane v. Standard Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine Finucane, from a judgment of the Supreme Court in her favor, entered in the office of the clerk of the county of Erie on the 30th day of July, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J.:
Plaintiff is the beneficiary under an accident insurance policy issued by defendant to her sister, Julia Finucane, who died on April 28, 1915, of blood poisoning resulting from an accident which she met with eight days before. By the terms of the policy Julia was insured “ against disability or death resulting directly, exclusively and independently of all other causes from accidental bodily injuries ” in the principal sum of $5,000. In case of death, this sum was payable to plaintiff.
The accident occurred by the deceased striking her leg against a truck in the department store…
2Cases cited7 opinions
- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
- Cary v. Preferred Accident InsuranceWisconsin Supreme Court · 1906
- Bailey v. Interstate Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Central Accident Insurance v. RembeIllinois Supreme Court · 1906
- Martin v. Manufacturers' Accident Indemnity Co.New York Court of Appeals · 1896
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3Cited by5 opinions
- Herschman v. John Hancock Mutual Life Insurance Co. of BostonCity of New York Municipal Court · 1935
- Inter-Ocean Casualty Company v. HolstonSupreme Court of Alabama · 1960
- Mulvihill v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Will of BrownNew York Surrogate's Court · 1947
- Myrick v. Farm Bureau Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1950