Simmons v. Prudential Insurance

Opinion

BARRY-DEAL, J.

Plaintiff-appellant, Elinor Simmons, appeals from an adverse judgment following a court trial in her action for breach of contract in which she sought accidental death benefits of $54,900 under a double-indemnity life insurance policy on the life of her deceased husband, Dale M. Simmons, who died on January 9, 1975.

Appellant assigns various errors to the court’s findings of fact on the cause of Mr. Simmons’ death and asserts that the trial court abused its discretion in denying her the right to trial by a jury. Since the jury trial issue is dispositive of the case, we dó…