Smith v. Mutual Life Ins. Co. of New York

BRYAN, Circuit Judge.

Appellant was the beneficiary of three policies of insurance issued by the appellee insurance company on the life of her husband, Robert Hill Smith. Each of the policies provided for the payment of double indemnity upon proof that the death of the insured resulted from bodily injury “effected solely through external, violent and accidental means.” The face amounts of the policies were paid without prejudice to the right to maintain suit upon the double indemnity provisions.

Appellant’s petition alleged that one W. D. Haas, “without any excuse, justification or provocation…