Cox v. Metropolitan Life Insurance

This is an action of indebitatus assumpsit on account annexed (Sec. 40, Chap. 96, R. S. 1930) brought by the plaintiff to recover the face amount of an accident insurance policy because of the death of the insured by alleged accident. The defendant pleaded that the deceased committed suicide, not covered by the policy. The case was tried to the jury and it determined the cause of death to be accident. The defendant brings the case up on motion and exceptions.

At the close of the charge certain requests of instruction were made, among which was this by plaintiff’s counsel:

“Where the defendant…