New Empire Life Insurance Company v. Bowling

George Eose Smith, Justice.

This is an action brought by the appellee to recover the $5,000 death benefit payable under a policy insuring his son, Jerry Bowling, against injury or death “resulting directly and independently of all other causes from bodily injury . . . effected solely through accidental means.” At the trial the jury’s verdict was for the plaintiff in the full amount of the policy. The insurer contends, that it was entitled to a directed verdict for the reason that under Missouri law, which the trial court found to be controlling, the insured’s death was not effected by…