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Hoyt v. John Hancock Mutual Life Insurance

19 N.Y.2d 998 Court N.Y. Decision date 1967-06-01 English

Contents

Majority

p. 998
Carolyn 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.