Wharton v. Lincoln National Life Insurance

HOFFMAN, District Judge.

The sole question presented for determination on defendant’s motion for summary judgment is the sufficiency of the requirement contained in the insurance *560contracts issued on the life of one Joseph H. Wharton providing in Supplemental Agreements for the payment of “double indemnity” as follows:

“Upon receipt of due proof that the death of the Insured resulted, directly and independently of all other causes, from bodily injuries caused solely through external, violent and accidental means”.

From the pleadings, affidavits and admission of counsel the factual situation (for…