Southern Surety Co. of N.Y. v. Madison

Eva Madison, tbe widow of J. M. Madison, recovered a judgment against tbe defendant Surety Company. Madison was killed prior to the institution of the suit. He held a policy in defendant company for $1000. The policy was what was termed an accident policy. The policy contained the following clause:

“This policy does not cover injuries fatal or non-fatal by reason of the intentional act of any person; assaults upon the insured by any person committing or attempting to commit robbery or burglarly excepted.”

The question to be determined is whether or not Madison’s death was an intentional act óf…