Akins v. Illinois Bankers Life Assurance Co.

The opinion of the court was delivered by

Parker, J.:

This was an action to recover death benefits under an accident insurance policy. The case was tried by the court. Judgment was for the plaintiff and the defendant appeals, assigning error in rendition of the judgment under the law and the evidence, allowance of attorney fees as part of the costs and the overruling of its motion for a new trial.

The pleadings are not in controversy and for our purpose can be briefly summarized.

In substance the petition states that while plaintiff’s husband, Jack A. Akins, was insured under an accident and…