Beneshunas v. Independence Life & Accident Insurance

WIEAND, Judge:

Elizabeth McGurl Beneshunas was the beneficiary of a policy of insurance issued by Independence Life and Accident Insurance Company to provide indemnity in the event of the accidental death of the beneficiary’s son, Harry McGurl. The insured was killed when the tractor trailer unit which he was operating collided with a concrete bridge abutment. The insurance company denied liability pursuant to a policy exclusion applicable to death caused in whole or in part by the insured’s intoxication. Beneshunas sued and, following trial without jury, recovered a verdict for $15,-000.00.…