Fidelity & Casualty Co. of New York v. Driver

SIBLEY, Circuit Judge.

The policy sued on insured against “bodily injury sustained through accidental means and resulting directly, independently and exclusively of all other causes in * * * (d) death.” The insured died instantly on November 29, 1933, from a gunshot wound evidently from his own gun while he was hunting doves. The answer denied that the death was caused by accidental means as alleged. It then went further and set up a provision of the policy which excluded death by suicide, sane or insane, and averred that this death was suicide. At the conclusion of all the evidence, the…