Wills v. Midland National Life Insurance

The plaintiff is the beneficiary in a group insurance policy covering the life of her brother, Hugh Malloy, for $1,000. The policy provided for double indemnity “upon due proof of the death of insured * * * in consequence of bodily injury effected solely through external, violent and accidental means,” within ninety days after injury, as a direct result thereof and independent of all other causes.

The complaint alleges, in substance, that the insured on the 18th day of January, 1937, at about 8 o’clock P. M., had gone from his place of residence to the main section of the city of Butte to…