McAbee Ex Rel. Estate of McAbee v. Nationwide Mutual Insurance

The defendant Nationwide Insurance Company issued to James Frank McAbee a policy of insurance which, in addi tion to other benefits, provided indemnity in case of bodily injury or death sustained “while in or upon, entering or alighting from” a described motor vehicle. The insured sustained fatal injuries when he was crushed against the rear of the standing motor vehicle by a moving tractor. The plaintiff subsequently brought this action as administratrix to recover the death benefits provided in the policy, contending that the insured’s injuries were sustained while he was upon the" standing…