Legal Opinion · Dissent

Lachs v. Fidelity & Casualty Co.

New York Court of Appeals

Decided March 4, 1954Published

1DissentFuld, J.

In Alice’s Wonderland, a word, said Humpty Dumpty, “ means just what I choose it to mean ”. But, in a jurisdiction more mundane, I do not perceive how we may say that the word “ scheduled ” can mean ‘ ‘ non-scheduled,” nor do I see how we may tell a jury that it can "say that an insurance policy which in express terms applies “ only ” to “ scheduled airlines ” can cover flights by an airline listed and self-described as “ non-scheduled ”.

Mrs. Sadie Bernstein had made arrangements through a travel agency in New York City to fly to Miami, Florida. At about 8:00 a.m. of December 16, 1951, just…

2Cases cited13 opinions

  1. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  2. Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
  3. Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
  4. Civil Aeronautics Board v. Modern Air Transport, Inc.Court of Appeals for the Second Circuit · 1950
  5. Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945

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