Retail Union Health & Welfare Fund v. Seabrum

Hill, Justice.

The defendant, a nonresident insurer not authorized to transact business in this state, issued a life insurance policy on the life of a Georgia resident who was a member of the Retail, Wholesale & Department Store Union. The policy provided for an additional payment in the event of accidental death. The insured was shot and killed in a gunfight. The fund paid the basic benefits but refused to pay the accidental death benefit, contending that one who is the aggressor in combat does not die accidentally.

The beneficiaries filed suit. The fund answered. The plaintiffs moved to…