(Download) "Luteran v. United States" by Eighth Circuit Circuit Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Luteran v. United States
- Author : Eighth Circuit Circuit Court of Appeals
- Release Date : January 29, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an action at law brought by Amelia W. King, widow of Walter J. King and the beneficiary named in a $5,000 life policy issued by the New York Life Insurance Company to her husband. The policy was a Missouri contract and contained a provision for double indemnity if "the death of the insured resulted directly and independently of all other causes from bodily injuries effected solely through external, violent and accidental means." The insured killed himself on November 26, 1934. The beneficiary claimed double indemnity for accidental death on the ground that at the time the insured took his life he was insane. The insurer, while conceding that the death was accidental within the meaning of the policy if the insured was then insane (Von Crome v. Travelers Ins. Co., 8 Cir., 11 F.2d 350; Scales v. National Life & Accident Ins. Co., Mo.Sup., 212 S.W. 8), denied the insanity of the insured and its liability for double indemnity, and paid to the beneficiary the face of the policy. The beneficiary then brought this action to recover an additional$5,000. The case was tried to a jury, which returned a verdict for the plaintiff beneficiary. From the judgment entered thereon, this appeal is taken.