McNeil v. Pilot Life Insurance

BROCK, Chief Judge.

The trial judge granted defendant’s motion for a directed verdict upon the two grounds set out by defendant, i.e., (1) that plaintiff failed to prove that the death of insured arose “solely as a direct result, and independent of all other causes, of accidental bodily injury” sustained after the effective date of the policy, and that the loss occurred within ninety days of the accident causing such loss; and (2) that plaintiff failed to prove filing of proof of loss within ninety days after the date of loss.

The insurance contract in suit provides for payment of benefits for…