Custer v. Lincoln Nat. Life Ins.

EVANS, Circuit Judge.

This action was brought to recover a money judgment on an insurance policy which provided for a double indemnity in case the insured met his death “through * * * accidental means.”

The District Court found for the plaintiff and judgment was entered accordingly.

The controversy is over the effect of a provision in the contract covering death by accident, which absolved the defendant from all liability “if death resulted from homicide, intentional or unintentional.”

The Facts. The insured, a Chicago street car motorman, was shot and killed by one who boarded his car and…