Prudential Insurance Co. of America v. Van Wey

Appellees were the beneficiaries named in a policy of insurance issued to one Edith Van Wey by appellant, insuring her life in the sum of $1,000.00 with double indemnity in the event of death by accidental means. The insured died on January 18, 1942. The appellant paid the principal amount of the policy but declined to pay the double indemnity on the theory that the insured’s death was not through accidental means but was due directly or indirectly to bodily infirmity and disease.

Suit was filed upon the double indemnity provision of the policy. At the conclusion of plaintiffs’ evidence…