GULKIS v. NEW YORK LIFE INS. CO.


3 Misc.2d 773 (1955)

Jennie Gulkis, Plaintiff, v. New York Life Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

November 30, 1955.


Attorney(s) appearing for the Case

Joseph Tiefenbrun for plaintiff.

Lee M. Gammill and Henry F. X. Hammer for defendant.


MORRIS EDER, J.

This is an action based on a double indemnity provision. Defendant moves for summary judgment dismissing the complaint on the ground that the provision specifically excludes a case such as this where the assured has concededly died from an overdose of morphine, codeine and barbiturates, even if accidental as contended by plaintiff.

The policy states: "Double Indemnity shall not be payable if the Insured's death resulted from self...

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