Capitol Life Insurance v. Roth

We granted the petition for certiorari in this case to review the court of appeals’ decision, Roth v. Capitol Life Insurance Company, 36 Colo. App. 46, 538 P.2d 125 (1975). The court of appeals affirmed the trial court’s determination that the insured, plaintiffs husband, had died an accidental death, and that Capitol Life Insurance Company (hereinafter called Capitol Life) was therefore liable for the double indemnity benefits on the insurance policies involved. We reverse.

Plaintiff, the widow of the deceased insured sued Capitol Life.to recover under the double indemnity provisions of two…