Mesa Oil Company, an Arizona Corporation v. Business Men's Assurance Company of America, a Missouri Corporation

ELY, Circuit Judge:

Appellant, Mesa Oil Company (Mesa) was the named beneficiary of a life insurance policy issued by appellee, Business Men’s Assurance Company of America (BMA), on the life of Cletus Chamberlain. The accidental death provision of that policy contained the following exclusion :

“RISKS NOT COVERED

No benefit will be paid if death results directly or indirectly from taking any . . . drug, voluntarily or involuntarily; . ”

Chamberlain, the insured, died as a result of the combined effect of barbiturates and alcohol. BMA refused to pay the accidental death benefits, and Mesa brought…