Provident Life & Accident Ins. v. Nitsch

HUTCHESON, Circuit Judge.

Brought by the husband and beneficiary of Louise Nitsch, deceased, the suit was for the principal sum payable under an automobile accident policy covering death sustained by accidental means by the insured, “while driving, riding in or on * * * an automobile.” The claim was that while gathering their effects, including a pistol carried in the glove compartment of the car, in preparation for leaving the automobile, which plaintiff, who was driving, had just brought to a stop off their driveway, the deceased was accidentally shot.

The primary defense was that the…