Connor v. Commercial Travelers Mutual Accident Ass'n of America

Plaintiff was granted summary judgment in an action brought to recover the sum of $5,000 from defendant upon its policy of accident insurance issued to the deceased for the benefit of plaintiff’s assignor. The insured was killed while riding *353in an automobile driven by one Garland H. Elliott. Defendant in its answer pleaded as a defense a clause in the policy of insurance, which excepted from coverage a death sustained when the accident causing it “ happens while the member is * * * under the influence of intoxicating drink or narcotics, or in consequence thereof.”

Upon the proof submitted it…