BRACEY v. METRO. LIFE INS. CO.


52 Misc.2d 245 (1966)

Julia B. Bracey, Plaintiff, v. Metropolitan Life Insurance Co., Defendant.

Civil Court of the City of New York, Kings County.

December 2, 1966


Attorney(s) appearing for the Case

Pokorny, Schrenzel & Pokorny (Sheridan Albert of counsel), for plaintiff. Freund, Kinnan, Post & Freund (David R. Crow of counsel), for defendant.


ARTHUR S. HIRSCH, J.

I hereby find and decide that this is an action based on the double indemnity provision of a life insurance policy. The policy provides inter alia, for the payment of an additional $5,000 in the event of death by accidental means as limited by the clauses in the policy. The pertinent part of the limitation clause at issue provides as follows: "Such benefits shall not be payable if death (1) is caused or contributed to by disease...

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