Hooker v. New York Life Ins. Co.

CAMPBELL, District Judge.

The plaintiff brings this action to recover the double indemnity benefit in the policy issued by the defendant company on the life of his son. The complaint alleges that the insured’s death occurred on May 19, 1943 in an accidental fall off a cliff. The defendant has paid the face amount of the policy, but resists payment of the double indemnity benefit on the ground that the insured’s death was within an exception to the double indemnity clause, which provided that the double indemnity benefit shall not be payable “if the insured’s death resulted, directly or…