Lemay v. Life Insurance

RULING

NAUMAN S. SCOTT, District Judge.

Before us are Motions for Summary Judgment filed by defendant Life Insurance Company of the Southwest and by plaintiffs Ruth Lemay, Katherine Rene Le-may Morrison and Terrance Lane Lemay.

Plaintiffs filed this action against defendant for the proceeds of an accidental death policy issued by defendant to the insured, *1119Samuel Alan Lemay, who died as the result of gunshot wounds. The fatal shots were fired by plaintiff Ruth Lemay, the decedent’s wife and named beneficiary.

Defendant has declined to pay accidental death benefits and contends that because the…