Cheryl Ann Tobin v. Beneficial Standard Life Insurance Company

MURNAGHAN, Circuit Judge:

Thomas R. Tobin was a taxicab driver who, in the course of his employment, was the victim of an armed robbery during which he was fatally wounded. His employer maintained an accident policy naming Tobin as the insured. His widow as beneficiary sought to recover the $20,000 accidental death benefit provided by the policy. The policy also had provisions for compensation of up to $1500 per month for hospital confinement (i.e., a benefit to meet the consequences of a non-fatal incident).

In individualized typing, the Schedule of Benefits was set out. The balance of the…