Dimmer v. Mutual Life Ins. Co.

Plaintiff, as beneficiary, brought suit against defendant on a life insurance policy which, in addition to a death benefit of $1,000, provided for double indemnity if death were caused solely by external, violent and accidental means. Under stipulation of the parties, the death benefit of $1,000 was paid without prejudice to the right to recover the additional $1,000 if death were caused by accident. The sole issue tried in the lower court was whether death was caused by suicide or by accident.

The circumstances surrounding decedent’s death are not clear. About 9 a. m. Sunday, October 6, 1935,…