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SCHELBERGER v. E. SAV

60 N.Y.2d 506 (1983)

Gail Schelberger, Respondent, v. Eastern Savings Bank, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1983.

Attorney(s) appearing for the Case

William E. Kelly, Manuel H. Quintana and Gianni Donati for appellant.

Bernard Meyerson, William J. Fitzgerald and Edward P. Dean for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur.

JONES, J.

In this action to recover the proceeds of a life insurance policy the jury was properly instructed with respect to the presumption against suicide and the evidence warranted submission of the issue to the jury. The contention of the insurer that the time has come to change the law with respect to the operation of such presumption is rejected.

The insurance policy on the life of Edward Schelberger...

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