Grossman v. London Guarantee & Accident Co. — 247 N.Y. 539

Majority

p. 539

Edward Grossman, Respondent, v. The London Guarantee and Accident Co., Ltd., Appellant.

Headnote

Insurance (accident) — cancellation — action to recover upon certificate of accident insurance issued by club under general policy insuring its members — defense that certificate had been canceled.

Grossman v. London G. & A. Co., Ltd., 219 App. Div. 815 , affirmed.

(Argued December 12, 1927;

decided January 10, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1927, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff, entered upon a verdict directed by the court. The action was to recover upon a certificate of accident insurance which recited that defendant had issued a policy of accident insurance to the “ Travel

p. 540

Club of America” and that plaintiff, a member of said club, was insured thereunder for one year from November 1, 1922, against bodily injuries. Plaintiff was injured May 25, 1923. The defense was that defendant had on February 17, 1923, notified the “ Travel Club ” that plaintiff’s certificate with others [had been canceled for non-payment of the premiums.

George F. Hickey, Henry L. Ughetta and William Butler for appellant.

Harris J ay Griston and Charles Braunhut for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.