Dorothy L. O'toole, Wife Of/and Donald C. Benge v. New York Life Insurance Company

POLITZ, Circuit Judge:

New York Life Insurance Company issued a policy insuring the life of David Benge, with the plaintiffs listed as beneficiaries. The policy provided coverage of $75,-000, plus accidental death benefits in an equal sum if “the insured’s death resulted directly, and independently of all other causes, from accidental bodily injury.”

David Benge died from a self-administered injection of cocaine. Thereafter, New York Life paid the face amount of the policy but declined to pay the accidental death benefit.

The plaintiffs invoked diversity jurisdiction, sued for the additional…