Missouri State Life Ins. v. West
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McDERMOTT, Circuit Judge.
A jury, properly charged, found that Clarence Dent was accidentally killed, and a judgment accordingly was rendered on an accident insurance policy. The company’s chief contention is that the circumstances exclude every rational hypothesis except that of suicide, and that the trial court erred in refusing to direct a verdict for the company. There is no dispute as to the law. The burden is upon plaintiff to establish that death resulted from injuries effected through accidental means. When the proof establishes such a death, without more, the rational inference or…
2Cases cited10 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
- Clarke v. Hot Springs Electric Light & Power Co.Court of Appeals for the Tenth Circuit · 1932
- Frankel v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Tabor v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1926
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3Cited by4 opinions
- Jefferson Standard Life Ins. Co. v. ClemmerCourt of Appeals for the Fourth Circuit · 1935
- Central Surety & Ins. Corporation v. MurphyCourt of Appeals for the Tenth Circuit · 1939
- Metropolitan Life Insurance Co. v. RosierSupreme Court of Oklahoma · 1941
- Lando v. Equitable Life Assur. Soc. of United StatesDistrict Court, N.D. California · 1935