Sun Life Assurance Co. of Canada v. Allen

Sun Life Assurance Company of Canada on October 5, 1925, wrote insurance on the lives of Abe Allen and Lukash Cap in the sum of $25,000, payable to Hand Baking Company, a co-partnership, as beneficiary, and on January 6, 1926, issued a second policy on the same lives in the sum of $12,500, payable to the same beneficiary. Lukash Cap died August 2, 1927, the cause given in the certificate of death as “hemorrhage following ruptured gastric ulcer; contributory; medical.” The death occurred within 17 hours after he was “wrestling” or “struggling” with Elson, in which encounter Elson “squeezed to…