Ordered that the order is affirmed, with costs.
Constance Bozic, the 51-year-old deceased, fell on the stairs in her residence on October 14, 1998, and fractured her left hip. Less than 48 hours later, she died. The plaintiff, Bozic's widower and the beneficiary under an insurance policy issued by the defendant, filed a claim to recover accidental death benefits pursuant to the policy. The defendant refused to make this payment, asserting that the death of the insured...
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