Malanga v. Royal Indemnity Company

KRUCKER, Chief Judge.

This is an appeal from a judgment denying recovery in a suit for death benefits under a policy insuring against losses “ * * resulting directly and independently of all other causes from accidental bodily injuries * *

The insured under the policy was John S. Ellis, who died on March 16, 1963, during the term of the policy, from an over-ingestion of barbiturates and alcohol. His widow, Mary M. Ellis Malanga, was the beneficiary under the policy for death benefits. The death benefits provided for in the policy were in the sum of $30,000 for which an annual premium of $37,50…