New York Life Ins. v. Murrell

BRYAN, Circuit Judge.

This is an action on a double indemnity provision of a $5,000 life insurance policy. The beneficiary, John A. Kennedy, recovered judgment in the District Court, but died pending this appeal, and, upon appropriate suggestion, his next of kin have been substituted as appellees.

Double indemnity is payable upon proof that the death of the insured “resulted directly and independently of all othér causes from bodily injury effected solely through external, violent and accidental means.” But the policy contains a clause which exempts the insurer from liability for double…