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STRASBERG v. EQUITABLE LIFE ASSUR. SOC.

281 A.D. 9 (1952)

Leonard Strasberg, as Trustee, Respondent, v. Equitable Life Assurance Society of the United States, Appellant

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

December 2, 1952.

Attorney(s) appearing for the Case

Eugene T. O'Neill of counsel (Valentine A. Meehan with him on the brief; Leo D. Fitzgerald, attorney), for appellant.

Louis A. Tepper of counsel (Ralph R. Weiser with him on the brief; Altschuler & Morrison, attorneys), for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur.

COHN, J.

This action was brought to recover death benefits under six life insurance policies issued by defendant in the total sum of $50,000 on the life of the insured. Each of the policies contains the following provision: "Self-destruction sane or insane, within two years from the Date of Issue hereof, is a risk not assumed by the Society under this Policy."

In Franklin v. John Hancock Mut. Life Ins...

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