MORGAN v. INDEM. INS. CO. OF N. AM.


302 N.Y. 435 (1951)

Edwin S. Morgan, Appellant, v. Indemnity Insurance Company of North America, Respondent.

Court of Appeals of the State of New York.

Decided May 24, 1951


Attorney(s) appearing for the Case

Jacob Freed Adelman for appellant.

Dennis L. O'Connor, George A. Garvey and James I. McGuire for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ., concur.


DYE, J.

The plaintiff's wife, Evelyn French Morgan, died under circumstances claimed to be covered by a standard accident insurance policy issued on her life by the defendant insurance company. A judgment entered on a jury verdict in favor of plaintiff as named beneficiary has been set aside and the complaint dismissed for alleged failure to establish compliance with the policy condition rendering the company...

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