Johnson v. Mutual Life Insurance Co. of New York

This is an action to recover under a life insurance policy issued by defendant upon the life of Elvin G. Johnson, deceased, husband of plaintiff. He died September 20, 1959. Plaintiff alleged the insured died as a direct result of bodily injury effected solely through external, violent and accidental means, independently and exclusively of all other causes. The policy had been issued to decedent on March 18, 1929, and provided for payment of $2500 to plaintiff-beneficiary on the death of the insured. Defendant paid the $2500, but refused to pay double indemnity, alleging death did not occur…