Spence v. Equitable Life Assurance Society

The opinion of the court was delivered by

Allen, J.:

This was an action upon a life insurance policy with a double-indemnity clause. The face amount, or ordinary death benefit, was paid promptly upon the death of the insured, and this action involves the interpretation of the double-indemnity feature of the policy providing for special benefits in the event death results from accidental means. Plaintiffs recovered judgment in the trial court, and defendant appeals.

The policy contained a double-indemnity clause by which the defendant agreed to pay an additional $5,000 in the event death resulted—