Cummings v. Phœnix Mutual Life Insurance Co. of Hartford

Defendant on July 16, 1921, issued its policy of insurance on the life of Charles E. Cummings. The plaintiffs are the beneficiaries. The policy provided in substance that upon receiving proof of the death of the insured, the defendant would pay to the beneficiaries the sum of $1,500, or if death was accidental, the company would pay the sum of $3,000. Charles P. Cummings’ death occurred on the 24th day of December, 1934, as the result of a hypodermic injection of apo-morphine.

The first contention of the appellant is that the death of the insured was not accidental within the terms of the…