Wehle v. United States Mutual Accident Ass'n
The Superior Court of New York City
The action was upon an accident insurance policy issued to plaintiffs’ testator, Henry Wehle, whereby the defendant insured him in the sum of $10,000 against bodily injury through violent and accidental means from which death should ensue. The plaintiffs proved, without contradiction, that the insured met his death by accidental drowning near Far Bockaway, September 4,1893, and that the coroner’s jury which held the inquest upon the body returned a verdict to that effect.
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The action was upon an accident insurance policy issued to plaintiffs’ testator, Henry Wehle, whereby the defendant insured him in the sum of $10,000 against bodily injury through violent and accidental means from which death should ensue. The plaintiffs proved, without contradiction, that the insured met his death by accidental drowning near Far Bockaway, September 4,1893, and that the coroner’s jury which held the inquest upon the body returned a verdict to that effect. The result of the trial was, by the decision of the presiding judge, made to depend upon the seventh defense, which…
1Opinion of the CourtMcAdam, J.
The condition of the policy on which the defendant relies for a defense provides that “ Any medical adviser of the association shall be permitted to examine the person or body of the insured in respect to a/ny alleged injury or cause of death, when and as often as he requires, on behalf *38of the association, and in case of any post-mortem exam/mation by or on the pa/rt of insured’s representative's or beneficiarios, the association shah be given opportunity to attend and participate.”
Neither the representatives nor the beneficiaries of the insured directed an autopsy, and heneé the medical…
Also in this document: Concurrence.
2Cases cited13 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Grangers' Life Insurance v. BrownMississippi Supreme Court · 1879
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3Cited by5 opinions
- McMartin v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Ralli v. WhiteAppellate Terms of the Supreme Court of New York · 1897
- Mutual Trust & Deposit Co. v. Travelers Protective Ass'nIndiana Court of Appeals · 1914
- Bernstein v. Metropolitan Life InsuranceNew York Supreme Court · 1931
- Ralli v. WhiteCity of New York Municipal Court · 1897