Skelly v. Fidelity & Casualty Co.

Opinion by

Mr. Justice Schaffeb,

This is an action brought to recover under the double liability clause of a policy of life-indemnity accident insurance providing that the amount payable for death shall be doubled if the bodily injury sustained by the assured was received “in consequence of the collapse of the outer walls of a building while the assured is therein.” At the end of plaintiff’s case, the court entered a compulsory nonsuit, which on motion it refused to take off. Plaintiff appealed.

On October 17,1929, August Hess, the assured, was in the first floor of a small three-story brick…