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Sweeney v. National Relief Assur. Ass'n

101 N.Y.S. 797 Court N.Y. App. Term Decision date 1906-12-11 English

Delivered by GILDERSLEEVE, J.

Contents

Majority

p. 797
SWEENEY v. NATIONAL RELIEF ASSUR. ASS’N.
(Supreme Court, Appellate Term.
December 11, 1906.)

Headnote

Insurance—Loss of Life—Accident Insurance.
Where 'an accident policy provided that “no disability shall constitute a claim for accident, * * * nor for injury, sickness, or disability which results from or is attributable to * * * orchitis,” no indemnity could be recovered for time lost on account of orchitis, whether or not it resulted originally from an accident.
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by John A. V. Sweeney against "the National Relief Assurance Association. From a judgment for plaintiff, defendant appeals. Reversed, and new trial granted.
Argued before GILDERSLEEVE, FITZGERALD, and DAVIS, JJ.
Florence J. Sullivan, for appellant.
Edmund T. Oldham, for respondent.

The action is for three weeks’ indemnity under a policy of accident insurance. The justice found for the plaintiff. Defendant appeals.

The policy provides that “no disability shall constitute a claim for accident, * * * nor for injury, sickness, or disability which results from or is attributable to * * * orchitis.” It is conceded that plaintiff’s disability was due to orchitis. Whether the orchitis resulted originally from an accident or not seems to be of little moment, under the express provision of the contract.

The judgment must be reversed, and a new trial granted, with costs to appellant to abide the event. All' concur.