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

Appellate Division of the Supreme Court of the State of New York·Decided June 30, 1939·Published

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.

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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257 A.D. 1012 (Schwenk v. Equitable Life Assurance Society of the United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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