Viva Franklin Day v. Interstate Life & Accident Co.

The policy upon which this suit is based is an ordinary life policy for $2,500, hut provides that in case the insured dies from accidental injuries the insurer will pay the named beneficiary double that amount. The company has paid $¡2,500', but denies liability on the double indemnity feature of the policy. The trial court sustained a demurrer to the declaration and dismissed the suit.

The declaration alleges that the death of insured occurred in the following manner:

“That he with others were in one of the rooms or departments of the J. W. Bell Milling Company, at Spart-anburg, South…