Smith v. Federal Life Insurance Co.

Opinion of the Court by

Judge Rees

— Affirming.

The appellee issued to appellant a policy insuring him against injury or death by external, violent and accidental means. The policy contained the following proviso:

“This policy does not cover disability . . . resulting from intentional injury inflicted by himself or any other person (assaults for the purpose of robbery or burglary excepted), whether fatal or non-f atal. ’ ’

Appellant, who was the plaintiff below, filed this action seeking to recover $625.00, and in his petition alleged “that on the 10th day of April, 1925, and while the said…