Garbush v. Order of United Commercial Travelers of America

Taylor, O.

Defendant, a fraternal beneficiary association, insured A. O. Garbush against disability or death resulting from bodily injuries “effected through external, violent and accidental means.” Mr. Garbush was killed instantly by a bullet discharged from an automatic pistol. His wife, the beneficiary named in the contract of insurance, brought suit thereon and recovered a verdict. Defendant appealed from an order denying its alternative motion for judgment non obstante or for a new trial.

Mr. Garbush conducted a hardware store in the city of Stillwater and dealt in guns and pistols.…