Fink v. New York Life Insurance

These two actions, pursuant to stipulation, were tried together. Each action was brought to recover double indemnity benefits under policies of life insurance. The policies provide that where the death of the insured results “ directly and independently of all other causes from bodily injury effected solely through external, violent and accidental causes,” a double indemnity benefit would be paid. Defendant has paid the face amount of the policies, but denies liability for double indemnity.

There is no substantial dispute as to the facts. The insured was a patient in the Montefiore Hospital in…