Brown v. American International Life Assurance Co.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Submitted for decision to the trial judge on legal briefs and stipulated facts, this case presents the ultimate question whether an innocent beneficiary under an accident insurance policy, which does not contain a felony exclusion clause, may recover for the death of an insured who apparently died in the midst of committing arson. The defendant insurance company argues that this circumstance does not constitute an “accident” under the policy, and more, that public policy grounds should preclude recovery in these instances. All parties agree…