Dennis v. General Accident, Fire & Life Assurance Corp.

Majority

p. 614

James U. Dennis, as Executor of Richard D. Lankford, Deceased, Respondent, v. General Accident, Fire and Life Assurance Corporation, Limited, of Perth, Scotland, Appellant.

Headnote

Dennis v. General Accident, Fire & Life Assur. Corp., Limited, of Perth, Scotland, 171 App. Div. 955 , affirmed.

(Argued January 24, 1917;

decided February 9, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,' entered December 16, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover upon a policy of accident insurance. The testator was found dead in his bathroom with the gas turned on. The defense was suicide, the policy containing a

p. 615

clause that ‘ ‘ suicide, or any attempt thereat, is not covered under this policy.”

Harry B. Bradbury for appellant.

George B. Covington for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ.