Summary
In Vanderbilt v. Travelers Ins. Co., 235 N.Y. 514, 139 N.E. 715, the insured, a civilian, was a passenger on the British Steamer "Lusitania" and was drowned when the ship was sunk by a torpedo launched from a German submarine. It will be noted that the death resulted from the action of a belligerent enemy, and the court properly held that the sinking of the vessel resulted from an act of war within the contemplation of the clause limiting policy protection, and exonerated the defendant company.
Summary of this case from Bologna v. New York Life Ins. Co.Opinion
Argued January 11, 1923
Decided January 30, 1923
Roy C. Gasser and William H. Hayes for appellants.
William J. Moran for respondent.
Judgment affirmed, with costs; no opinion.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND and McLAUGHLIN, JJ. Dissenting: CRANE and ANDREWS, JJ., on ground that the word "war" in the exception of the policy because of its association, means war in which the insured participates as a belligerent.