Fairclough v. Fidelity & Casualty Co.

MARTIN, Acting Associate Justice.

The plaintiff, William Innis Fairclough, now the appellant, sued the defendant, the Fidelity & Casualty Company of New York, now the appellee, upon an accident insurance policy issued by it to George Ellis Fairclough, plaintiff’s brother, payable to plaintiff in event of the insured’s death, if resulting from accidental causes of a kind defined in the policy. Plaintiff averred that at a time when the policy was in full force, the insured came to his death from causes within its terms; that all of the requirements of the policy had been fully complied with, but…