Legal Opinion

Wehle v. United States Mutual Accident Ass'n

New York Court of Appeals

Decided May 14, 1897PublishedCited by 36 opinions

Appeal from an order of the General Term of the Superior Court of the city of New York, entered January 7, 1895, which set aside a verdict in favor of defendant directed by the court, and granted a new trial on exceptions ordered to be heard in the first instance at General Term.

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Appeal from an order of the General Term of the Superior Court of the city of New York, entered January 7, 1895, which set aside a verdict in favor of defendant directed by the court, and granted a new trial on exceptions ordered to be heard in the first instance at General Term. Henry Wehle, in May, 1892, received a policy of insurance from the defendant which insured him against death resulting from personal bodily injuries, through external, violent and accidental means, in the sum of §10,000, payable to his legal representatives. The conditions annexed to the certificate of insurance,…

1Per curiam

It is our judgment that the order of the General Term was correct, in ordering the verdict directed by the trial court to be set aside, and that a new trial should be had. The decision of the case at the trial turned upon the one question, whether the plaintiffs had shown themselves entitled to recover the amount of the insurance claimed, by reason of the death of their testator within the operation of the policy, which provided for a liability in the event of death resulting from personal bodily injuries, through external, violent and accidental means. The plaintiffs were entitled to have…

2Cases cited1 opinion

  1. Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889

3Cited by36 opinions

  1. Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
  2. Rinaldi v. Prudential Insurance Co. of AmericaSupreme Court of Connecticut · 1934
  3. Strobel v. ParkSupreme Court of Pennsylvania · 1927
  4. Johnson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
  5. Reardon v. Mutual Life Insurance Co. of New YorkSupreme Court of Connecticut · 1952

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