Liberty National Life Insurance v. Liner

Felton, Chief Judge.

The plaintiff had the burden of proving her allegation that the insured’s death resulted from accidental injury as defined by the policy. The policy defines accidental injury as “bodily injury effected solely through external and accidental means” and provides that “the benefit for natural death will be payable in lieu of the accidental death benefit: . . . (3) if the injuiy or death is caused or contributed to by . . . (d) participation in an assault or felony.”

The evidence showed substantially as follows: There were no eyewitnesses to the deaths of the insured and his…