Weinberger v. National Casualty Co.

Appellate Division of the Supreme Court of New York

Weinberger v. National Casualty Co.

10 A.D.2d 886, 200 N.Y.S.2d 696, 1960 N.Y. App. Div. LEXIS 10517

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

DecidedApril 25, 1960

StatusPublished

This text of 10 A.D.2d 886 (Weinberger 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

Weinberger v. National Casualty Co., 10 A.D.2d 886, 200 N.Y.S.2d 696, 1960 N.Y. App. Div. LEXIS 10517 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover upon an accident and health insurance policy for the loss of life of the insured, which it is claimed resulted solely from accidental bodily injury, the defendant appeals from an order denying its motion for summary judgment dismissing the complaint. Order reversed, without costs, and motion granted, without costs. The record shows conclusively and without dispute that plaintiffs failed to file proof of claim as required by the policy and that such failure was not waived by defendant. In view of these established facts defendant cannot be held liable on its policy. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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In an action to recover upon an accident and health insurance policy for the loss of life of the insured, which it is claimed resulted solely from accidental bodily injury, the defendant appeals from an order denying its motion for summary judgment dismissing the complaint. Order reversed, without costs, and motion granted, without costs. The record shows conclusively and without dispute that plaintiffs failed to file proof of claim as required by the policy and that such failure was not waived by defendant. In view of these established facts defendant cannot be held liable on its policy. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 886, 200 N.Y.S.2d 696, 1960 N.Y. App. Div. LEXIS 10517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinberger-v-national-casualty-co-nyappdiv-1960.