AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

EVA BENNETT, Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, Respondent

Per Curiam.

The insured's death did not occur in consequence of bodily injury effected solely through external, violent and accidental means. Mansbacher v. Prudential Ins. Co. ( 273 N.Y. 140) and Berkowitz v. New York Life Ins. Co. ( 256 App. Div. 324) are not here controlling, as in those cases the causes were trivial and were followed by some unforeseen, unexpected, extraordinary, and unlooked-for mishap. Here, however, death ensued as the result of postoperative pulmonary embolism. In such event, the cause was neither trivial nor the result unforeseen.

The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.

Concur — FRANKENTHALER, SHIENTAG and NOONAN, JJ.

Judgment reversed, etc.

Use AI to get other relevant cases.

Comments

BENNETT v. EQUITABLE ASSUR. SOC
(Jul 5, 1939)