Harris v. Bankers Life & Casualty Co.

Lollie R. Harris (plaintiff), the administratrix of the estate of her husband, Carsby Julian Harris, Jr. (Harris), instituted this action against Bankers Life and Casualty Company claiming that Bankers Life had breached a contract insuring her husband against accidental death or dismemberment. Bankers Life denied liability on the ground that Harris did not die as the result of an accident. The trial court, at the conclusion of the plaintiffs evidence, sustained Bankers Life’s motion to strike the evidence and ruled, as a matter of law, that the insured’s death was not accidental. The sole…