Southern States Life Ins. Co. v. Wilshire

HALE, Justice.

This is a suit for accidental death benefits alleged to be due appellee under the terms of a policy of insurance issued by appellant. The case was tried before the court below without a jury and resulted in judgment for appellee. The controlling questions presented on the appeal are (1) whether the suit was prematurely brought by reason of appellee’s failure to furnish proof of loss and (2) whether the evidence adduced upon the trial was sufficient to show that the death of the insured resulted solely from accidental means.

In her petition appellee alleged that she ■could not set…