
    Millie Smith, Appellant, v. Massachusetts Bonding and Insurance Company, Respondent.
    
      Insurance (accident) — action to recover on policy of accident insurance — defense that death was caused by disease and not by accident.
    
    
      Smith v. Mass. Bonding & Ins. Co., 207 App. Div. 682, affirmed.
    (Argued October 21, 1925;
    decided November 24, 1925.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1924, reversing a judgment in favor of plaintiff entered upon a verdict. The action was to recover upon a policy of accident and health insurance issued by the defendant to the plaintiff’s husband and in which the plaintiff was named as beneficiary. The complaint alleged that while the policy was in full force and effect the insured died from bodily injuries sustained through accidental means. The answer denied the material allegations of the complaint, denied performance of the conditions of the policy either by the insured or by the plaintiff, and by way of separate defense alleged non-liability by reason of a release executed by plaintiff’s intestate, also that false and fraudulent statements contained in the application for insurance vitiated the policy and that the cause of death was acute dilatation of the heart and not the accidental injury sustained by the insured.
    
      Alfred M. Bailey, Solon Weil and Frank A. Bellucci for appellant.
    
      Benjamin C. Loder and Herman Lenitz for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  