Tucker v. Life Ins. Co. of Virginia

Marilyn Tucker (hereafter, Marilyn), plaintiff, initiated this action in the trial court against The Life Insurance Company of Virginia, defendant, seeking to recover accidental-death benefits under a group life insurance policy that the Company issued as insurer. Everette M. Tucker, the decedent, was an insured under the policy and Marilyn, his wife, was his beneficiary.

In a jury trial, after plaintiff had completed the presentation of her evidence, defendant moved to strike the evidence. The trial court, ruling that the evidence showed as a matter of law that the insured’s death was not…