Dorothy Adams Eschweiler v. General Accident Fire & Life Assurance Corp

SCHNACKENBERG, Circuit Judge.

Defendant appeals from a judgment in favor of plaintiff entered following a trial, in which certain facts were stipulated and oral testimony and documentary evidence were received. The case was tried without a jury.

Plaintiff sued as beneficiary to recover under a health and accident insurance policy of defendant in which plaintiff’s husband was named as the insured. She alleged that his death was accidental within the provisions of the policy. The trial court so held. The error relied on by defendant is that the district court failed to find that the death came…