McKenzie v. New York Life Insurance

The opinion of the court was delivered by

Hoch, J.:

This was an action on a life insurance policy to recover the double indemnity, payable in case of accidental death. A demurrer was interposed at the close of plaintiff’s evidence, was taken under advisement until the close of defendant’s evidence, and then sustained. From that order plaintiff appeals.

On September 25, 1934, at about four-thirty in the afternoon, Dr. Henry S. McKenzie was found dead, lying on the floor of his office in Kansas City, Kan. He had been dead for many hours. For a number of years he had held a policy of insurance…