Preston v. Metropolitan Life Insurance Co.

In October, 1930, the appellant insurance company issued an accident policy to Curtis P. Preston in the principal sum of five thousand dollars, naming as beneficiary, in case of accidental death, his wife, Lulu N. Preston. On October 19, 1936, Preston was killed by the discharge of a shotgun in the hands of his fifteen year old son, “Billy” Preston. A claim was duly filed, and payment was refused by the insurance company, on the ground that the death was not accidental, within the meaning of the policy. This action followed.

It was the theory of the defense that the deceased was intentionally…