Majority
p. 998Carolyn M. Hoyt, Respondent, v. John Hancock Mutual Life Insurance Company, Appellant. Argued May 22, 1967; decided June 1, 1967.
p. 1000
Meyer Fix and Thomas E. Goldman for appellant.
John J. Gonsidine, Jr., for respondent.
Order affirmed, with costs; no opinion.
Concur: Judges Scileppi, Bergan, Keating and Breitel. Chief Judge Fuld and Judge Burke dissent and vote to reverse on the ground that the insured’s death was not “ accidental ” within the sense of the insurance policy sued upon. Taking no part: Judge Van Voorhis.