Pacific Mut. Life Ins. v. Andrews

MUNGER, District Judge.

Appeal from order dismissing a portion of the defendant’s answer. The plaintiff below brought suit to recover upon a policy of life insurance, issued to her husband by the defendant, in which she was named as the beneficiary. She alleged that her husband died, while the policy was in force, as the result of accidental means, and that due proof of the death from bodily injury was furnished to the insurer. The defendant answered to the plaintiff’s petition, setting forth certain defenses at law. At a later time the defendant was given leave by the court to file an…