Whitaker v. Jefferson Standard Life Insurance

By the express terms of the policy in suit the double indemnity clause is not to apply in case “death results from bodily injury inflicted . . .. intentionally by another person.” Jolley v. Ins. Co., 199 N. C., 269, 154 S. E., 400; Matson v. Trav. Ins. Co., 74 Am. St. Rep., 368. It is conceded that the trial court was inattentive to this provision in charging the jury on the third issue. Warren v. Ins. Co., 212 N. C., 354. The contention is advanced, however, that, in view of the answers to the first and second issues, the submission of the third issue was unnecessary, and any error committed…