Connizzo v. General American Life Insurance Co.

McMILLIAN, Judge.

Defendant appeals from a judgment entered by the Circuit Court of the City of St. Louis upon a jury verdict that awarded plaintiff a $9500 recovery under a double indemnity provision contained in a group insurance contract, death allegedly occurring by virtue of an “accident” within the policy terms.

We hold that the court erred in failing to sustain defendant’s motion for a directed verdict at the close of all the evidence because plaintiff’s evidence failed to make a submissible case; and, accordingly, reverse the judgment with instructions to the trial court to set aside…