O'Brien v. Equitable Life Assur. Soc. Of United States

COLLET, Circuit Judge.

This is an action to recover double indemnity insurance for the alleged accidental death of plaintiff’s husband. From a directed verdict for the defendant insurance company at the close of all the evidence, plaintiff appeals. The sole question for review is whether plaintiff established a prima facie case warranting its submission to the jury. It is conceded that the law of Missouri is controlling.

The policy provided for the payment of $10,000 upon the death of the insured. That has been paid and is not in dispute. In addition, the policy provided for the payment of an…