Day v. Equitable Life Assur. Soc. of the United States

McDERMOTT, Circuit Judge.

This action at law on the double indemnity clause of a life insurance policy was brought in the state court; after proper-removal, a bill of particulars was filed stating in detail the circumstances of the accident. Defendant thereupon demurred to the complaint so supplemented; the trial court sustained the demurrer and, plaintiff declining to plead further, judgment was entered for the defendant. This appeal is from that judgment.

By the clause in question, for a separate premium, defendant agreed to pay an additional $5,000 if death resulted solely from bodily…