Monumental Life Insurance Co. v. Franko

GARRARD, Judge.

This action was prosecuted to secure benefits under an accidental death insurance policy issued to appellee's deceased husband. He died as the result of carbon monoxide asphyxiation on or about December 27, 1981. A jury returned a verdict finding coverage. The sole question on appeal is whether the evidence was sufficient to sustain that result.

The policy in question provided benefits only if Franko's death occurred "as the direct result of an accidental bodily injury . independently of any other cause." Monumental urges that the evidence was susceptible to an inference of…