Legal Opinion

Mulvihill v. Commercial Casualty Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1927PublishedCited by 4 opinions

1Opinion of the CourtClark, J.

This action was brought to recover on a policy of accident insurance issued by the defendant to John C. Mulvihill, husband of plaintiff, the' beneficiary named in the policy.

The policy provided, among other things, that the insurance company (defendant) “ Does hereby insure John C. Mulvihill (hereinafter called the insured) * * * against bodily injuries, effected solely through external, violent and accidental means, independently and exclusively of disease, whether disease preexists or be afterwards contracted.”

*495At the close of plaintiff’s case, on motion of counsel for the defendant, the…

2Cases cited4 opinions

  1. Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
  2. Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
  3. Martin v. Manufacturers' Accident Indemnity Co.New York Court of Appeals · 1896
  4. Finucane v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by4 opinions

  1. Colyer v. North American Accident InsuranceNew York Supreme Court · 1928
  2. Inter-Ocean Casualty Company v. HolstonSupreme Court of Alabama · 1960
  3. Simpson v. Travelers Ins.Court of Appeals for the Second Circuit · 1941
  4. Myrick v. Farm Bureau Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1950

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