Harman v. Northwestern Mutual Life Insurance Co.

TAYLOR, Chief Justice.

August 23, 1961, defendant (respondent) issued a policy of life insurance to one Wayne M. Koch. Plaintiff (appellant) was the beneficiary named in the policy. March 23, 1963, the insured Wayne M. Koch was killed in an airplane accident. .The defendant paid the face amount of the policy; but refused to pay the additional sum of $6,000.00, provided by the policy to be paid in case the death of the insured resulted from accidental bodily injury, on the ground that the death resulted from a risk not assumed under the policy. In its answer defendant affirmatively alleged that…