Weinstock v. Prudential Insurance Co. of America

CARROLL, Judge.

This appeal is by the plaintiff below from an adverse judgment entered on a jury verdict. The widow of an insured, who was the beneficiary under his double indemnity life insurance policy, brought this action to recover the additional payment provided therein for accidental death. By answer the defendant insurer denied that the insured died as a result of an accident as defined in the policy, and quoting an exclusionary clause in the policy precluding recovery of the accidental death benefit where death occurred from suicide averred as a defense to the action that the insured…