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SLATER v. FID. & CAS. CO. OF N. Y.

277 A.D. 79 (1950)

Martin B. Slater, Individually and as Surviving Partner of a Copartnership Doing Business under the Name of Cardinal Electronics Company, Respondent, v. Fidelity & Casualty Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.

Attorney(s) appearing for the Case

Henry J. Bogatko of counsel (William M. Keegan with him on the brief, Bigham, Englar, Jones & Houston, attorneys), for appellant.

Samuel W. Sherman of counsel (Julius J. Gans with him on the brief, Samuel W. Sherman and Max Eitenberg, attorneys), for respondent.

GLENNON, J. P., DORE, CALLAHAN and SHIENTAG, JJ., concur.

COHN, J.

Plaintiff seeks to recover upon three airline trip insurance policies, each in the sum of $5,000, insuring against loss of life, one Harry L. Slater who was killed in an airplane accident on June 17, 1948, while flying from Chicago to New York.

On June 11, 1948, Slater purchased a ticket from American Airlines, Inc., for a one-way trip from La Guardia Field to Chicago, scheduled to fly on June...

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