KAMINSKY v. HOME LIFE INS. CO.


45 Misc.2d 819 (1965)

Martha Kaminsky et al., Respondents, v. Home Life Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

March 25, 1965


Attorney(s) appearing for the Case

Robert S. Sawyer for appellant. Maxwell N. Rudaw for respondents.

TILZER, J., concurs; HOFSTADTER, J. P., dissents in opinion.


WILLIAM C. HECHT, JR., J.

The action is brought to recover for the death of an insured under a group insurance policy. Payment is to be made if death of the insured "resulted from bodily injuries * * * sustained solely through external, violent and accidental means." However, "no payment shall be made under this policy for any loss resulting from or caused, directly or indirectly, wholly or partly, by * * *...

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