Bender v. Ridgely Protective Ass'n

Appellate Division of the Supreme Court of New York

Bender v. Ridgely Protective Ass'n

235 A.D. 896

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1932·Published·Cited by 1 cases

Opinion

Judgment and order reversed on the law, with costs,' and complaint dismissed, with costs. The policy has been erroneously construed. It clearly covers death and disability cases of one character only, viz., those wherein the injuries are solely those caused both accidentally and through causes not only violent, external and involuntary, but those leaving visible marks of wounds, fractures or dislocations upon the body of the insured. No such injuries were proved. All concur.

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Judgment and order reversed on the law, with costs,' and complaint dismissed, with costs. The policy has been erroneously construed. It clearly covers death and disability cases of one character only, viz., those wherein the injuries are solely those caused both accidentally and through causes not only violent, external and involuntary, but those leaving visible marks of wounds, fractures or dislocations upon the body of the insured. No such injuries were proved. All concur.

Bender v. Ridgely Protective Ass'n, 235 A.D. 896 (N.Y. Ct. App. 1932).

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Opinion

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