Aetna Life Insurance Co. v. Nicol

CONCURRING OPINION

Draper, J.

I concur in the result reached, but I do not believe the decision can be grounded on Metropolitan Life Ins. Co. v. Glassman (1947), 224 Ind. 641, 70 N. E. 2nd 24.

In that case, as in this one, the question was whether death resulted from accident or suicide. In that case our Supreme Court said: “From the evidence of a bruised forehead, the cinders in the mouth of decedent and the scratches on his hands, the jury could have inferred that he violently came in contact with the floor of the garage and attempted to arise.” So a majority of the court apparently felt that…