Schwenk v. Equitable Life Assurance Society of the United States

Appellate Division of the Supreme Court of New York

Schwenk v. Equitable Life Assurance Society of the United States

257 A.D. 1012, 13 N.Y.S.2d 611, 1939 N.Y. App. Div. LEXIS 8911

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

DecidedJune 30, 1939

StatusPublished

This text of 257 A.D. 1012 (Schwenk v. Equitable Life Assurance Society of the United States) 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

Schwenk v. Equitable Life Assurance Society of the United States, 257 A.D. 1012, 13 N.Y.S.2d 611, 1939 N.Y. App. Div. LEXIS 8911 (N.Y. Ct. App. 1939).

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Opinion

Judgment in favor of the plaintiff in an action brought to recover disability benefits pursuant to the terms of certain policies of life insurance issued by the defendant reversed on the law, with costs, and the complaint dismissed, with costs. In our opinion the plaintiff failed to establish by a fair preponderance of evidence that the disease from which he alleged he was suffering totally disabled him within the definition contained in any of the policies. (Waldman v. Mutual Life Insurance Co. of New York, 252 App. Div. 448; Prudential Ins. Co. of America v. Harris, 254 Ky. 23; 70 S. W. [2d] 949; Elenberg v. Metropolitan Life Ins. Co., 251 App. Div. 443; Luftig v. Travelers Insurance Company [Nos. 1, 2], 253 id. 538.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.

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Judgment in favor of the plaintiff in an action brought to recover disability benefits pursuant to the terms of certain policies of life insurance issued by the defendant reversed on the law, with costs, and the complaint dismissed, with costs. In our opinion the plaintiff failed to establish by a fair preponderance of evidence that the disease from which he alleged he was suffering totally disabled him within the definition contained in any of the policies. (Waldman v. Mutual Life Insurance Co. of New York, 252 App. Div. 448; Prudential Ins. Co. of America v. Harris, 254 Ky. 23; 70 S. W. [2d] 949; Elenberg v. Metropolitan Life Ins. Co., 251 App. Div. 443; Luftig v. Travelers Insurance Company [Nos. 1, 2], 253 id. 538.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.

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Bluebook (online)

257 A.D. 1012, 13 N.Y.S.2d 611, 1939 N.Y. App. Div. LEXIS 8911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwenk-v-equitable-life-assurance-society-of-the-united-states-nyappdiv-1939.

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