Legal Opinion
Diamond v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 1936PublishedCited by 6 opinions
1Opinion of the CourtDore, J.
The defendant insurance company issued a policy of life insurance on the life of Abraham J. Diamond payable to the infant plaintiffs. On the death of the insured, defendant paid the face amount of the policy in the sum of $10,000. Plaintiffs, under double indemnity provisions, seek to recover an additional $10,000 payable if death resulted from accident as defined in the policy. The death of the insured on July 14, 1932, resulted from inhaling carbon monoxide gas emitted by the insured’s automobile in his garage, and it is conceded that death did not result from self-destruction.
The policy…
2Cases cited3 opinions
- Penfold v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Rasmussen v. New York Life InsuranceNew York Court of Appeals · 1935
- Osburn v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1934
3Cited by6 opinions
- Safe Deposit & Trust Co. v. New York Life Ins.District Court, D. Maryland · 1936
- Levinson v. Reliance Insurance Co. of PittsburghCourt of Appeals of Maryland · 1945
- Feldstein v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Churchill v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Lackawanna County1948
- Gulkis v. New York Life InsuranceNew York Supreme Court · 1955
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