Spence v. New York Life Insurance

The opinion of the court was delivered by

Harvey, J.:

This was an action on the double indemnity clause of a life insurance policy. The jury answered special questions and returned a general verdict for plaintiff, upon which judgment was rendered. Defendant has appealed.

The pleadings may be summarized briefly as follows: On September 20, 1926, defendant issued its policy of insurance upon the life of Noel H. Spence, husband of plaintiff, who was named beneficiary, for $5,000 single or $10,000 double indemnity. The policy was in effect on September 7, 1939, on which date the insured and his son,…