O'Connell v. Mutual of Omaha Insurance

Action was brought by plaintiff, as beneficiary under a policy of insurance issued by defendant to plaintiffs deceased husband seeking recovery under a double indemnity provision incorporated in the policy. The case was tried by the court, sitting without a jury, upon a stipulation of facts. The court found the sole issue raised by the stipulation of facts in favor of the plaintiff and entered judgment in her favor and against the defendant in the amount of $5,000, from which defendant appeals. The sole issue presented on appeal is “whether plaintiff’s decedent was a ‘fare-paying passenger…