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MORGAN v. INDEM. INS. CO. OF N. A.

276 A.D. 123 (1949)

Edwin S. Morgan, Respondent, v. Indemnity Insurance Company of North America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 28, 1949.

Attorney(s) appearing for the Case

Dennis L. O'Connor of counsel (George A. Garvey, attorney), for appellant.

Jacob Freed Adelman of counsel (William F. Walsh with him on the brief; Walsh and Levine, attorneys), for respondent.

PECK, P. J., and GLENNON, J., concur with COHN, J.; VAN VOORHIS J., dissents in opinion in which DORE, J., concurs.

COHN, J.

The policy of insurance in this case provides for payment to the beneficiary for accidental death of the insured "resulting directly and independently of all other causes from bodily injuries sustained * * * and effected solely through accidental means".

An unintentional fatal overdose of a sleeping potion may constitute accidental death (Mansbacher v. Prudential Ins. Co., 273 N.Y. 140). However, it is now settled that a state...

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