LACHS v. FID. & CAS. CO.


281 A.D. 633 (1953)

Marion E. Lachs, Respondent, v. Fidelity & Casualty Company of New York, Appellant

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

May 12, 1953.


Attorney(s) appearing for the Case

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

A. David Rosen of counsel (Meyer Licht with him on the brief; Rosen & Licht, attorneys), for respondent.

GLENNON, DORE, VAN VOORHIS and BERGAN, JJ., concur in Per Curiam opinion; PECK, P. J., dissents and votes to reverse in opinion.


Per Curiam.

Plaintiff, as beneficiary of an insurance policy, sues defendant, insurer, for $25,000, the principal amount of airline trip insurance which one Sadie Bernstein procured as applicant from an automatic policy vending machine of defendant on December 16, 1951, at Newark Airport, Newark, New Jersey, claiming that the policy insured the applicant against loss of life while a passenger on a flight from Newark...

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