AMEND v. EQUIT. LIFE ASSUR. CO.


73 Misc.2d 402 (1972)

Lois S. Amend, Plaintiff, v. Equitable Life Assurance Company of the United States, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

February 17, 1972


Attorney(s) appearing for the Case

Leon Wasserman and Samuel W. Sherman for plaintiff. Marshall F. Denenholz and Werner Weinstock for defendant.


MARTIN B. STECHER, J.

Decision was reserved on the defendant's motion to dismiss the complaint at the end of the plaintiff's case; and thereafter the jury found for the plaintiff. The action was brought by a beneficiary to recover under the double indemnity provisions of a life insurance policy. In order to recover, she was required to prove, in the language of the policy, that death "resulted from accidental...

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