Legal Opinion
Schelberger v. Eastern Savings Bank
New York Court of Appeals
Decided December 15, 1983PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
In this action to recover the proceeds of a life insurance policy the jury was properly instructed with respect to the presumption against suicide and the evidence warranted submission of the issue to the jury. The contention of the insurer that the time has come to change the law with respect to the operation of such presumption is rejected.
The insurance policy on the life of Edward Schelberger on which the present action is predicated was issued by defendant bank as insurer on May 1, 1978. Respondent, wife of the insured, was designated primary beneficiary. The…
2Cases cited3 opinions
- Wellisch v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1944
- Schelberger v. Eastern Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
- Begley v. Prudential InsuranceNew York Court of Appeals · 1956
3Cited by16 opinions
- Aurnou v. CraigAppellate Division of the Supreme Court of the State of New York · 1992
- Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ViolanteAppellate Division of the Supreme Court of the State of New York · 1988
- Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Walters v. StateNew York Court of Claims · 1984
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