New York Life Ins. Co. v. Schlatter

RIVES, Circuit Judge.

The dominant question on this appeal is whether there is any substantial evidence to justify the jury in concluding that the insured’s death resulted directly and independently of all other causes from bodily injury effected solely by accidental means and did not result directly or indirectly from disease.

Appellees were beneficiaries in a life insurance policy which appellant issued to their mother, Emma W. Schlatter, on July 2, 1929, in the face amount of $10,000 with double indemnity for accidental death. The pertinent provisions of the policy are as follows :

“The…