Legal Opinion

Wolfson v. Metropolitan Life Insurance

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

Decided June 23, 1941PublishedCited by 1 opinion

1Opinion of the Court

Action by beneficiary of a policy of life insurance to recover $5,000, payable in the event insured died through external, violent and accidental means. The trial court directed a verdict for defendant. Judgment affirmed, with costs. The decedent indisputably fell to the ground. The cause of death was vasomotor paralysis induced by shock due to the fall, or by a shock causing the fall. There were no external marks of injury sufficient to cause death. The cause of the fall is not directly established. Whether decedent fell because of ice on the ground or because of an internal or heart…

2Cases cited5 opinions

  1. Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
  2. Collins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
  3. Breese v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1936
  4. MacNair v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1937
  5. Slavin v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by1 opinion

  1. Albany Beverage Corp. v. Charles Springer Welding Works, Inc.Albany City Court · 1961

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