Central Nat. Bank of Cleveland v. General American Life Ins.

ALLEN, Circuit Judge.

Appeal by a trustee beneficiary of a life insurance policy from an order of the District Court directing a verdict in favor of the insurer and holding it not liable under a double indemnity provision of the policy. The face amount of the policy has been paid. The insured, Edwin G. Thompson, was shot and killed near Albuquerque, New Mexico, on August 23, 1933, by Bryson Corbett. The insurer refused to pay the double indemnity benefits provided under the policy, claiming that the death did not fall within the class of accidents covered thereby.

The principal question is…