
    John A. V. Sweeney, Respondent, v. The National Relief Assurance Association, Appellant.
    (Supreme Court, Appellate Term,
    December, 1906.)
    Insurance — Risks and causes of loss — Life and accident insurance — Disability from excepted condition resulting from accident.
    In an action for indemnity, under a policy of accident insurance which provides that “ no disability shall constitute a claim for acei-' dent * * * nor for injury, sickness or disability which results from or is attributable to * * * orchitis,” no recovery can be had for a disability due to orchitis whether it resulted from the accident or not.
    
      Appeal by the defendant .from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, first district, borough of Manhattan.
    Florence J. Sullivan, for appellant.
    Edmund T. Oldham, for respondent.
   Gildersleeve, J.

The action is for three weeks’ indemnity under a policy of accident insurance. The justice found for the plaintiff. Defendant appeals. The policy provides that “no disability shall constitute a claim for accident * * * nor for injury, sickness or disability which results from or is attributable to * * * orchitis.” It is conceded that plaintiff’s disability was due to orchitis. Whether the orchitis resulted originally from an accident or not seems to be of little moment, under the express provision of the contract.

The judgment must be reversed and a new trial granted, with costs to appellant to abide the event,

Fitzgerald and Davis, JJ., concur.

Judgment reversed and. new trial granted, with costs to appellant to abide event.  