Vahey v. John Hancock Mutual Life Insurance

This action on two life insurance policies is to recover additional benefits provided for in each policy in the event of accidental death of the insured. The plaintiff is the named beneficiary under both policies. The case comes to us on appeal by the defendant from an order for judgment for the plaintiff made by a judge of the Superior Court, sitting without jury, on a statement of agreed facts. The defendant refuses to pay the additional benefits on the ground that the death was not within the policies’ definitions of accidental death.

The insured, John P. Yahey, became subject to epileptic…