Continental Assurance Co. v. Rothell

Almand, Chief Justice.

Jewell Rothell is the beneficiary under a life insurance policy issued by Continental Assurance Company, on the life of her husband, Ralph D. Rothell. As beneficiary, she is seeking to recover the sum of $5,000 claimed to be due for his accidental death benefits under the terms of the policy.

The insurer, in its denial of the material allegations of the complaint asserted that, "plaintiff had not met the provisions of the accidental death benefit section of the policy, and therefore no accidental death benefits were payable under said policy.”

The defendant filed its…