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GREEN v. WILLIAM PENN LIFE INS. CO.

12 N.Y.3d 342 (2009)

LISA C. GREEN, Respondent, v. WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided May 5, 2009.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, White Plains (Robert D. Meade of counsel), for appellant.

Thomas Torto, New York City, and S. Edmund Resciniti, Roslyn Heights, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

The Appellate Division held that an attempt to prove a death was caused by suicide must fail as a matter of law, unless suicide is the only reasonable finding permitted by the evidence. We hold that the Appellate Division misconstrued the presumption against suicide. It is a guide for the factfinder, not a rule that compels a result.

I

Alan Green died on February...

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