HOYT v. JOHN HANCOCK INS. CO.


48 Misc.2d 935 (1966)

Carolyn M. Hoyt, Plaintiff, v. John Hancock Mutual Insurance Company, Defendant.

Supreme Court, Monroe County.

January 18, 1966


Attorney(s) appearing for the Case

Dutcher, Dutcher, Sidoti & Considine (John J. Considine, Jr., of counsel), for plaintiff. Fix, Spindelman & Turk (Meyer Fix of counsel), for defendant.


G. ROBERT WITMER, J.

In 1956 the defendant issued a life insurance policy in the sum of $2,500 to Glenn W. Hoyt, containing the provision that "The company shall pay an Additional Benefit of * * * ($2,500) * * * subject to the conditions, exceptions and exclusions hereinafter set forth * * * upon * * * due proof * * * (ii) that the death of the Insured was caused directly and independently of all other causes, by a bodily injury sustained solely by external...

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