SAPERSTEIN v. COMMERCIAL TRAVELERS


36 N.Y.2d 79 (1975)

Ruth Saperstein, Respondent, v. Commercial Travelers Mutual Accident Association, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1975.


Attorney(s) appearing for the Case

Lawrence E. Lagarenne and Myron J. Wiess for appellant.

Joseph Kooperman for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.


JASEN, J.

This is an action to recover a death benefit of $15,000 under an accident and sickness insurance policy. The policy contains provisions granting the insurer the right to perform an autopsy. The claimant refused insurer's request to perform an autopsy of the insured. The sole question presented for our review is whether a refusal by a claimant to authorize an autopsy of an insured where a right to such...

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