State Ex Rel. Prudential Insurance Co. of America v. Shain

This is an original proceeding in certiorari to review for conflict the respondents’ decision in the case of Mary Gasperino, Appellant, v. The Prudential Insurance Company of America, a Corporation, Respondent, 107 S. W. (2d) 819.

The plaintiff is the beneficiary in an insurance policy which contains a provision for “double indemnity” in case the insured’s death was the result of an accident. The insured died of typhoid fever. Plaintiff has sued for the additional indemnity claiming the death was the result of accidental means and therefore covered by the policy. The facts are undisputed and…