MacKlin v. Commonwealth Life & Accident Co.

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The plaintiff, the beneficiary of an insurance policy on the life of her deceased husband, sued the Commonwealth Life and Accident Company to recover $2,000 under the accidental death provision of the policy. The defendant’s answer raised three affirmative defenses: (1) that the death of the insured, Neal Macklin, was not accidental but was the result of his attacking his wife with a deadly weapon; (2) that he died from a wound intentionally inflicted by her, and (3) that he met his death while attempting to commit a felony.

A…