Legal Opinion
Hathaway v. Commercial Insurance
New York County Courts
Decided January 23, 1976Published
1Opinion of the CourtEugene W. Bergin, J.
Plaintiff, a member in good standing of the Volunteer Fire Department of Livonia Fire District Number 2, was called to the Conesus Lake Nursing Home, together with other members of the fire department to protect and return fire hoses which had become frozen due to extremely cold weather. Plaintiff suffered a "heart attack” caused by the strain of lifting several sections of the frozen hose while being exposed to high winds and extremely low temperatures. Plaintiff brought suit upon a "Blanket Acci*486dent” insurance policy issued by the defendant company to the fire district. The defendant…
2Cases cited7 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
- Gallagher v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1914
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