Gregory v. National Life & Insurance

Lyle Brown, Justice.

Appellant Bertha Gregory was the plaintiff below and appeals from a summary judgment in appellee’s favor. She was the beneficiary in an insurance policy on the life of her son, Daniel Eans, covering death by accidental means. The policy excluded payment in case of death resulting “from the insured’s commission of, or attempt to commit, an assault or felony.” Appellee moved for summary judgment and attached the affidavit of the wife of Daniel Eans, she being the only eyewitness to the fatal event. Appellant contends that her cross motion for summary judgment should have…