Spencer v. Southland Life Insurance Company

RENFRO, Justice.

Suit was brought by Florence M. Spencer, widow and beneficiary of Luther George Spencer, against Southland Life Insurance Company to recover the proceeds of an accident insurance policy. The trial court, holding that the death of Spencer, the insured, was not the result of accidental bodily injuries, rendered summary judgment in favor of defendant. Plaintiff contends a fact issue was presented as to whether or not Spencer’s death was accidental.

The policy in question provided that the defendant “Here.by insures Luther George Spencer (hereinafter called ‘Insured’) under…