Sykes v. Nationwide Mutual Insurance

Opinion by

Mr. Justice Musmanno,

Fred Sykes was killed in an accident while driving his own automobile. He carried an insurance policy with the Nationwide Mutual Insurance Company which refused payment of the face value of the policy, plus *642funeral expenses, to the beneficiary named therein, the decedent’s widow, because, it contended, the policy excluded coverage of death resulting from circumstances assumed to control here.

Mrs. Sykes, administratrix of the estate of the injured, sued on the policy and the insurance company pleaded, under new matter, an alleged exclusionary clause. The…