Mullaney v. Prudential Ins. Co. of North America

HOLMES, Circuit Judge.

Charles Mullaney, appellee’s insured, was shot and killed on November 3, 1939, in Miami, Florida. The only question for decision is whether his death was effected solely through violent, external, and accidental means within the double indemnity provisions of his policy. The cause was tried by the court without a jury, and resulted in a judgment for the appellee.

On the night of his death Mullaney had been drinking heavily. He attended a football game that evening, at which he continued to imbibe intoxicants freely until he became very drunk. During the intermission…