Lincoln Nat. Life Ins. Co. v. Erickson

BOOTH, Circuit Judge.

This is an appeal from a judgment after verdict in favor of plaintiff-appellee in a suit on a life insurance policy containing a double indemnity provision. The action was begun in the state district court and thereafter removed to the federal court on the ground of diversity of citizenship.

The policy was for $10,000, with a double indemnity clause which read as follows: “It is Hereby Agreed That if Magnus Erickson, the insured under the above numbered Policy shall, during the premium paying period of the Policy and while no premium is in default, sustain bodily injury,…