New York Court of Appeals

Ida Silverstein, Respondent v. Metropolitan Life Insurance Company, Appellant

June 3, 1930254 N.Y. 81

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the insured's death was caused by an accident and not excluded by the policy's disease or infirmity exclusion. The Court reasoned that a dormant ulcer was not a disease or infirmity within the ordinary meaning of the policy language.