Feldstein v. New York Life Insurance

On October 19, 1934, David G. Feldstein insured his life for the benefit of the plaintiff for the sum of $5,000. The policy contained provisions for double indemnity in the event of accidental death, which excluded, however, death resulting from “ the taking of poison or inhaling of gas, whether voluntary or otherwise.” The plaintiff seeks to recover the double indemnity of $5,000, which the defendant has refused to pay.

*477The fact is uncontradicted that the insured met death on April 1, 1939, as the result of inhaling illuminating gas which escaped from a stove near which he was seated at the…