Cooper v. United States Mut. Ben. Ass'n of State York
| Decision Date | 19 April 1892 |
| Citation | 132 N.Y. 334,30 N.E. 833 |
| Parties | COOPER v. UNITED STATES MUT. BEN. ASS'N OF STATE OF NEW YORK. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, general term, second department.
Action upon a certificate of insurance by Frances E. Cooper against the United States Mutual Benefit Association of the State of New York. Plaintiff obtained judgment, which was affirmed by the general term. Defendant appeals. Affirmed.
William Bro. Smith, for appellant.
Lewis E. Carr, for respondent.
This action was brought upon a certificate of insurance, issued by the defendant, to recover $5,000. The defendant, by its certificate, undertook to insure Theodore H. Cooper against personal bodily injury, and in case he should receive such injuries, disabling him from transacting business pertaining to his occupation, to pay him certain amounts, specifically named, dependent upon the nature of his injuries; and in case death should result from such injuries within 90 days the defendant agreed to pay to the plaintiff, as his wife, the sum of $5,000. The certificate contained the following: ‘No suit or proceeding at law or in equity shall be brought * * * to recover any sum under this insurance unless the same is commenced within one year from the time of the alleged accidental injury.’ Cooper received an accidental bodily injury on December 10, 1887, which resulted in his death on January 2, 1888. This action was commenced on December 29, 1888, more than one year after the accident, but within one year of his death. It is claimed that the action was not commenced within the time required by the provision of the certificate referred to.
It will be observed that provisions are made in the certificate for two different persons, who, upon the happening of the events specified, may have a right of action against the association. One provision is in favor of Cooper, who may recover during his lifetime the amounts provided for his disability resulting from the accidental injury received. The other is to his wife, which is for the injuries which she suffers by reason of his death, resulting from such accident. The accident received by Cooper did not injure the plaintiff, or give her a right of action, until death ensued. So far as she is concerned, the infliction of the wound is but the beginning, and the death is the completion, of the injury. Her suit must be ‘commenced within one year from the time of the alleged accidental injury;’ in other words,...
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