Cohen v. National Casualty Co.

Appellate Division of the Supreme Court of New York

Cohen v. National Casualty Co.

275 A.D.2d 1062

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1949

StatusPublished

This text of 275 A.D.2d 1062 (Cohen v. National Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. National Casualty Co., 275 A.D.2d 1062 (N.Y. Ct. App. 1949).

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Opinion

The burden of establishing that death occurred in a manner set forth in the exception clause of the policy is upon the defendant. (Haggerty v. Commercial Travelers Mut. Accident Assn. of America, 271 App. Div. 839.) In support of the motion it relied upon the admission that death resulted from an assault, which is contained in the proofs of loss. That admission is subject to explanation. (Wachtel v. Equitable Life Assur. Soc., 266 N. Y. 345, 351; Gangi v. Fradus, 227 N. Y. 452, 457.) Plaintiff asserts she had and has no personal knowledge of the manner in which death occurred, and that her proofs of loss were based on information which she has been informed was inaccurate. Johnston, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur.

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The burden of establishing that death occurred in a manner set forth in the exception clause of the policy is upon the defendant. (Haggerty v. Commercial Travelers Mut. Accident Assn. of America, 271 App. Div. 839.) In support of the motion it relied upon the admission that death resulted from an assault, which is contained in the proofs of loss. That admission is subject to explanation. (Wachtel v. Equitable Life Assur. Soc., 266 N. Y. 345, 351; Gangi v. Fradus, 227 N. Y. 452, 457.) Plaintiff asserts she had and has no personal knowledge of the manner in which death occurred, and that her proofs of loss were based on information which she has been informed was inaccurate. Johnston, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur.

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Bluebook (online)

275 A.D.2d 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-national-casualty-co-nyappdiv-1949.

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