Clements v. Metropolitan Life Insurance

Ness, Justice:

This is an appeal from a judgment for the insured’s beneficiary in an action to recover on the double indemnity clause of'a life insurance policy. The policy provided twice the face of the policy was to be paid to the beneficiary upon proof that the death of the insured resulted solely from accidental means.

The face amount of the policy had been paid prior to the institutiton of this action.

It is conceded by the parties that the insured, W. R. Clements, Jr., died on April 28, 1973 as a result of gunshot wounds to the head. When Clements was wounded, he was alone in the bedroom,…