Mutual Life Ins. Co. of New York v. Gregg

DENISON, Circuit Judge.

If Gregg, the insured under the life insurance policies sued upon in these three cases (tried together), committed suicide, the policies forbade recovery. Suicide or not 'was the only issue. The jury found for the plaintiffs. The insurers contend that a verdict should have been directed for them.

The contention depends, first, upon a matter of pleading. The policies provided double indemnity in case of accidental death, and the petitions sought this double recovery. They therefore alleged that the insured was killed by a bullet from his own pistol, held in his own hand…