DePee v. National Life & Accident Insurance

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on a policy of insurance which defendant issued on the life of one Walter DePee who met a violent death in McPherson county.

The tragedy occurred on a highway near McPherson on April 19, 1935. The undersheriff, James, and a deputy, Fisher, halted an automobile driven by DePee and his brother and which was being used in the illegal transportation of intoxicating liquors. A gun battle ensued and Fisher, the deputy sheriff, and DePee, the insured, were killed.

DePee’s widow brought suit to recover on her husband’s…