Hyperlawhypertext legal databasebeta Bennett v. Equitable Life Assurance Society of United States 14 Misc. 2d 759

← Cases

Bennett v. Equitable Life Assurance Society of United States

14 Misc. 2d 759 Court Supreme Court, Appellate Term, First Department, Decision date 1939-07-05 English

Contents

Majority

p. 759
Eva Bennett, Appellant, v. Equitable Life Assurance Society of United States, Respondent.
Supreme Court, Appellate Term, First Department,
July 5, 1939.
Alexander & Green (James D. Ewing of counsel), for appellant.
Ralph Bernstein for respondent.

The insured’s death did not occur in consequence of bodily injury effected solely through external, violent and accidental means. Mansbacher v. Prudential Ins. Co. ( 273 N. Y. 140 ) and Berkowitz v. New York Life Ins. Co. ( 256 App. Div. 324 ) are not here controlling, as in those cases the causes were trivial and were followed by some unforeseen, unexpected, extraordinary, and unlooked-for mishap. Here, however, death ensued as the result of postoperative pulmonary

p. 760
embolism. In such event, the cause was neither trivial nor the result unforeseen.

The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.

Concur — Fraukenthaueb, Shieutag and Noouau, JJ.

Judgment reversed, etc.

Cases cited