Goodman v. Mutual Ben. Health and Acc. Ass'n
| Decision Date | 27 March 1961 |
| Citation | 214 N.Y.S.2d 591 |
| Parties | Lena GOODMAN, Plaintiff, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, Defendant. |
| Court | New York Supreme Court |
Hubbard, Felt & Fuller, Utica, for defendant, for the motion.
Potenza & Gigliotti, Utica, for plaintiff, opposed.
Mutual Benefit Health & Accident Association, hereafter referred to as 'Mutual', moves pursuant to Rule 112 of the Rules of Civil Practice, and Section 476 of the Civil Practice Act, for judgment on the pleadings dismissing the complaint.
It appears from the material allegations of the amended complaint and bill of particulars, which, for the purpose of the motion, are accepted as true (Green v. Doniger, 300 N.Y. 238, 241, 90 N.E.2d 56, 57), that on February 6, 1960, Archie W. Goodman, was standing at the rear of his parked car in the process of filling the gas tank with gasline when he was struck by another automobile and sustained injuries from which he died. At the time of his death Mr. Goodman had a health and accident insurance policy issued by Mutual to which was attached a rider bearing the legend 'Travel Accident Death Benefit Rider', the pertinent provisions of which as alleged in the complaint, read:
'Two thousand ($2,000.00) dollars will be paid to the beneficiary named in the policy, or to your estate if no beneficiary is named, in addition to any other benefits payable under the policy if (1) you receive any of the following covered injuries during any term of the policy which begins on or after April 1, 1959, and for which an annual premiums has been paid in advance in one sum, and (2) the injuries result in your death, independently of other causes, within 90 days after the date of the accident.'
The above rider did not require the payment of any additional premium and was offered by Mutual as an inducement to the payment of premiums on an annual basis.
Plaintiff, the widow of the insured, was the named beneficiary in the policy and has brought this action to recover the benefit provided by the rider.
It is the contention of the defendant that the claim alleged in the complaint and amplified in the Bill of particulars, does not come within the coverage provided by the rider attached to the policy of insurance.
The coverage provided by the rider under the title 'Covered Injuries' reads:
'Covered Injuries
'Accidental bodily injuries which you receive while you are driving or riding in any private passenger automobile or while you are riding as a passenger in any land, water or air convenience provided by a common carrier, but not including injuries resulting in death caused by suicide or act of war, or death occurring while in an Armed Service.'
The denial of liability by Mutual is based on the admission by the plaintiff in her bill of particulars that the deceased was standing to the rear of his automobile...
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Colonial Life & Acc. Ins. Co. v. Collins
...cases: Where an insured was hit by another vehicle while outside his car putting gas into his vehicle, Goodman v. Mutual Benefit Health & Acc. Assoc., Sup., 214 N.Y.S.2d 591; where the insured apparently committed suicide by carbon monoxide poisoning inside a car in a closed garage (the cou......