Potestio v. Continental Casualty Co.

Peter Malito and Charles Potestio disliked each other. That mutual aversion culminated September 10, 1932, in tbe instant death of Malito as the result of a bullet wound inflicted by Potestio.

Under the terms of an insurance policy issued June 5, 1932, by the Continental Casualty Company to Ma-lito, the insurer was obligated to indemnify the insured, or his beneficiaries, for loss of life, limb, limbs, sight or time caused by accidental injury, and for the loss of time caused by sickness. One of the provisions of the insurance contract excluded indemnity for any loss,

“if the injury causing it…