Lampert v. John Hancock Mut. Life Ins.

MOSCOWITZ, District Judge.

This action is brought by the wife of the decedent, beneficiary under a policy of life insurance to which there was attached a supplementary contract known as “Accidental Death Benefit Provision.” The insurance company has already paid the plaintiff under the ordinary death benefit provisions of the policy, but has refused payment of the “double indemnity” on the ground that plaintiff has failed to comply with its contractual obligation to give “due proof” of death solely by accidental means. The policy provided: “Upon receipt of due proof of the death of the Insured…