Georgia Mae Lewis, a Widow v. Insurance Company of North America

THORNBERRY, Circuit Judge:

This is an appeal from a Texas diversity action to recover benefits on an accidental death insurance policy. 1 The main question in the case is whether the death of the deceased, which was caused by gunshot wounds inflicted by a woman whom he was assaulting, was “accidental” within the meaning of the policy. The trial court directed a verdict on this issue in favor of the decedent’s widow, appellee here, thereby holding the death accidental as a matter of law. Since we have concluded that under Texas law the case raised questions for the jury, we reverse and remand…