McNaught v. New York Life Insurance

This action was instituted by the widow and beneficiary of the deceased upon a double indemnity agreement attached to a life insurance policy, which provided that, upon the payment of an additional premium, the company would pay $1,000 for the accidental death of her husband. The jury returned a verdict for $1,208.84. Motion for a new trial being overruled, a judgment was entered for the plaintiff in the amount of the verdict, together with attorney’s fees in the sum of $400, from which judgment the defendant insurance company appealed.

In the first trial of this same case, the trial court…