Thomas M. Hughes v. The Equitable Life Assurance Society of the United States

RONEY, Circuit Judge:

This is an appeal by plaintiff Thomas M. Hughes, Sr. from a directed verdict in favor of defendant Equitable Life Assurance Society. We conclude that the district court decision to direct the verdict in favor of the insurance company was incorrect, and we therefore remand for a new trial.

Plaintiff was the beneficiary of a $100,000.00 life insurance policy issued by Equitable insuring his son, Thomas M. Hughes, Jr. After his son died accidentally, plaintiff presented proof of death and claimed the proceeds of the policy. The defendant insurance company rejected the claim,…