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McARTHUR v. ORDER OF UNITED COMM. TRAVELERS OF AM

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 940 (N.Y. App. Div. 1913)

Opinion

March, 1913.


Judgment reversed and new trial granted, with costs to appellant to abide event. Held: 1. That the notice of claim was sufficient as a matter of law. 2. That the proof was sufficient to require the submission to the jury of the question of fact as to whether or not there had been a waiver of further notice and proofs of loss, but the complaint should be amended so as to make proof of waiver available. 3. That the proofs were sufficient to require the submission to the jury of the question of whether or not the insured, Peter H. McArthur, came to his death solely by reason of bodily injuries, reffected [ sic] through accidental means. All concurred.


Summaries of

McARTHUR v. ORDER OF UNITED COMM. TRAVELERS OF AM

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 940 (N.Y. App. Div. 1913)
Case details for

McARTHUR v. ORDER OF UNITED COMM. TRAVELERS OF AM

Case Details

Full title:Elizabeth B. Rice McArthur, Appellant, v. The Order of the United…

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

Date published: Mar 1, 1913

Citations

155 App. Div. 940 (N.Y. App. Div. 1913)