Lubianez v. Metropolitan Life Insurance

In the early morning of March 27, 1945, Edward A. Lubianez (hereinafter called the insured) sustained severe injuries, which resulted in his death, when an automobile in which he was riding collided with a tree. This action of contract is brought by the father of the insured, who was named as beneficiary in a policy of insurance issued by the defendant on the insured’s life, to recover the double indemnity benefit provided for in the policy in the event of death by accidental means. At the close of the evidence the plaintiff and the defendant each presented a motion for a directed verdict.…