BROUN v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


69 N.Y.2d 675 (1986)

Amanda Broun, Respondent, v. Equitable Life Assurance Society of the United States, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1986.


Attorney(s) appearing for the Case

Werner Weinstock and Norman L. Tolle for appellant.

Howard R. Slonim for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

On this record and in light of the strong presumption against suicide, it cannot be said that a fair question of fact as to accident has not been presented (Wellish v John Hancock Mut. Life Ins. Co., 293 N.Y. 178, 185). Where, as here, there is a reasonable hypothesis of accidental death, however unlikely...

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