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MacKay v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 924 (N.Y. App. Div. 1938)

Opinion

November 16, 1938.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Dowling, JJ.


Judgment and order denying motion for a new trial affirmed, with costs. Memorandum: Giving to the policy provisions in question the "fairly liberal construction" to which they are entitled ( Greenwich Bank v. Hartford Fire Ins. Co., 250 N.Y. 116, 130-131), we conclude that the trial court properly denied defendant's motion for a nonsuit and that the jury correctly determined the questions of fact whether plaintiff sustained a total and irrecoverable loss of sight of one eye within ninety days of the accident and whether under the terms of the policy plaintiff gave to defendant written notice of injury and furnished affirmative proof of loss "as soon as was reasonably possible" under existing circumstances. All concur except Sears, P.J., who dissents and votes for reversal on the law and for dismissal of the complaint on the ground that the insured failed to furnish affirmative proof of loss within ninety days after the date of the loss within the terms of the policy. (See Maryland Casualty Co. v. Massey, 38 F. [2d] 724.) (The judgment is for plaintiff in an action under an accident insurance policy. The order denies a motion for a new trial.)


Summaries of

MacKay v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 924 (N.Y. App. Div. 1938)
Case details for

MacKay v. Metropolitan Life Insurance Company

Case Details

Full title:ALEXANDER MACKAY, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1938

Citations

255 App. Div. 924 (N.Y. App. Div. 1938)