National Security Life & Casualty Co. v. Benham

LUMPKIN, Justice.

On October 15, 1949, the appellant, National Security Life & Casualty Company, issued a policy of insurance to the appellee, G. A. Benham, Jr. The policy provided, among other things, that the appellant would pay the appellee $1000 in the event the appellee’s infant daughter, Nandra Sue Benham, lost her life as a result of injuries “sustained through purely accidental means.”

On the night of November 19, 1949, the appellee, his wife, and Nandra Sue were visiting friends at San Angelo, Texas. Nandra Sue was two months and nineteen days old. About midnight the appellee and his…