Shirley McGowen v. The Travelers Insurance Company

JOHN R. BROWN, Chief Judge:

We are called upon here to determine whether under a Texas life policy the death of the assured was an “accident.” The District Court directed a verdict against the beneficiary and in favor of the insurance company. We affirm.

The assured was John M. He and his wife Shirley, the beneficiary, had gone to a party hosted by Shirley’s niece. There was no evidence that there was any ill feeling between Shirley and John until John became irate about the way Shirley was dancing. John insisted that he and Shirley go home at once.

Trying to comply, Shirley got in their car and…