Toevs v. Western Farm Bureau Life Insurance Co.

DONALDSON, Justice.

This is an appeal from a $50,000 judgment of the district court against a life insurance company by the widow of the insured on the “double indemnity” clause of an insurance policy. There is no dispute as to whether the husband’s death was accidental. The principal issues, both at trial and on appeal, are: Whether a contract of life insurance was ever entered into by the parties; and, whether the accidental death (double indemnity) provision of the policy became operative without (1) the insured’s having submitted himself to a medical examination; and (2) without the…