Legal Opinion

Ætna Life Ins. v. Hagemyer

Court of Appeals for the Fifth Circuit

Decided November 20, 1931No. 6317PublishedCited by 11 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This is another of those suits upon a double indemnity provision in a life insurance policy in which the insured having come to his death at the hands of another, the beneficiary insists, and the insurer denies, that the death of the insured “resulted directly and independently of all other causes from bodily injuries effected solely through external, violent and accidental means.” The only eyewitness to the killing was the slayer, Wiley Page, the nephew and tenant of the deceased, Ike Killingsworth. The appellant proffered him as a witness, and upon his version of…

2Cases cited5 opinions

  1. Mutual Life Ins. Co. of New York v. SargentCourt of Appeals for the Fifth Circuit · 1931
  2. Casualty Reciprocal Exchange v. ParkerTexas Commission of Appeals · 1929
  3. Smith v. New York Life Insurance Co. of New YorkCourt of Appeals for the Fifth Circuit · 1929
  4. Ætna Life Ins. v. GallawayCourt of Appeals for the Fifth Circuit · 1930
  5. Killingsworth v. Ætna Life Ins.District Court, E.D. Texas · 1931

3Cited by11 opinions

  1. Republic National Life Insurance Co. v. HeywardTexas Supreme Court · 1976
  2. Republic National Life Insurance Co. v. HeywardCourt of Appeals of Texas · 1978
  3. New York Life Ins. Co. v. MurdaughCourt of Appeals for the Fourth Circuit · 1938
  4. Thomas Purcell v. Waterman Steamship CorporationCourt of Appeals for the Second Circuit · 1955
  5. Perlman v. Chal-Bro., Inc.District of Columbia Court of Appeals · 1945

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