Ocean Accident & Guarantee Corporation v. Schachner

ALSCHULER, Circuit Judge.

The judgment under consideration was predicated on an Illinois policy of insurance indemnifying against accidental death or injury, issued by appellant to appellee’s husband, whose death occurred January 3, 1930, from the alleged sole cause of asphyxiation occasioned by accidentally breathing atmosphere containing poisonous illuminating gas.

The suit was in assumpsit, the declaration being upon the policy and demanding judgment for its face of $15,000 plus accumulations thereon of $1,500, together with interest at 5 per cent, per annum from date on which proofs of the…