Springer v. National Casualty Co.

Appellate Terms of the Supreme Court of New York

Springer v. National Casualty Co.

17 Misc. 2d 207, 183 N.Y.S.2d 965, 1959 N.Y. Misc. LEXIS 4324

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 11, 1959

StatusPublished

This text of 17 Misc. 2d 207 (Springer v. National Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Springer v. National Casualty Co., 17 Misc. 2d 207, 183 N.Y.S.2d 965, 1959 N.Y. Misc. LEXIS 4324 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The provisions of.the policy were unambiguous and the interpretation of the applicable provisions was not for the jury. The evidence established one continuing sickness for a 24-month period for which proof thereof was submitted by the insured to defendant. No claim was made that such sickness ceased to be disabling during that period. Defend[208]*208ant’s payment for 24 months upon that continuing illness and claim discharged its obligation under the policy regardless of subsequent intervening other diseases for which no proper proof of claim was made and during which period no claim was made by the insured that he had recovered from the original illness or that it had diminished to the extent that it no longer disabled him.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Concur — Heoht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

The provisions of.the policy were unambiguous and the interpretation of the applicable provisions was not for the jury. The evidence established one continuing sickness for a 24-month period for which proof thereof was submitted by the insured to defendant. No claim was made that such sickness ceased to be disabling during that period. Defend[208]*208ant’s payment for 24 months upon that continuing illness and claim discharged its obligation under the policy regardless of subsequent intervening other diseases for which no proper proof of claim was made and during which period no claim was made by the insured that he had recovered from the original illness or that it had diminished to the extent that it no longer disabled him.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Concur — Heoht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

17 Misc. 2d 207, 183 N.Y.S.2d 965, 1959 N.Y. Misc. LEXIS 4324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springer-v-national-casualty-co-nyappterm-1959.