Amend v. Equitable Life Assurance Co. of United States

Decision was reserved on the defendant’s motion to dismiss the complaint at the end of the plaintiff’s case; and thereafter the jury found for the plaintiff. The action was brought by a benefiiciary to recover under the double indemnity provisions of a life insurance policy. In order to recover, she was required to prove, in the language of the policy, that death “ resulted from accidental bodily injury, directly and independently of all other causes ” and was neither “ caused [nor] contributed to, directly or indirectly, by disease or illness of any kind, [or] physical or mental infirmity.”

Di…