Clark v. New York Life Insurance Co.

J. Fred Jones, Justice.

This is an appeal from the Lawrence County Circuit Court wherein a motion for summary judgment for statutory penalty and attorneys’ fees was denied by the court in a suit on a life insurance policy.

The appellants are the widow and children beneficiaries under a double indemnity benefit life insurance policy issued by the appellee on the life of the insured, Millard M. Clark. The insured died on March 19, 1967, from a pistol wound in the side of his head. Proof of loss form was filed on April 18, 1967, a homicide charge was filed against the widow on April 25, 1967, and…