GREEN v. WILLIAM PENN LIFE INS. CO. OF N.Y.

No. 55.

2009 NY Slip Op 03586

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

Court of Appeals of the State of New York.

Decided May 5, 2009.


Attorney(s) appearing for the Case

Robert D. Meade, for appellant.

Thomas Torto, for respondent.

Before: Opinion by Judge Smith. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Pigott and Jones concur.


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 fact finder, not a rule that compels a result.

I

Alan Green died on February 20, 2002. His life was insured by defendant under a $500,000 policy issued...

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