Smith v. Prudential Insurance Company of America

HOLMAN, Commissioner.

Lieutenant Colonel Merrill E. Smith was killed on April 8, 1952, in the crash of a U. S. A. F. B-25 aircraft. This action was instituted by his widow, Norma J. Smith, the beneficiary, and her assignee, L. G. Barr, to recover from the defendant, The Prudential Insurance Company of America, the amount they allege to be due them on a policy of life insurance issued January 15, 1950. It was admitted that if plaintiffs’ theory of recovery was correct they shpuld recover $10,855. The jury returned a verdict for that amount, together with $1,953 interest, a total of $12,808. In…