Independent Life & Accident Insurance v. Thornton

Franicum, Judge.

The policy provides: “The agreement as to benefit under this policy shall be null and void if the insured’s death or injury results, directly or indirectly, from any of the following causes: (a) from the insured’s . . . committing or attempting to commit, while sane or insane, assault . . . or . . . (f) from intentional homicide or as a result from the intentional act or acts of any person or persons. If it *287can be proven to the satisfaction of the company that the insured was not the aggressor, exception (f) will be waived.” The defendant, through its counsel, argues that…