State Farm Mutual Automobile Insurance Co. v. Underwood

EAGER, Chief Justice.

The original appeal in this case was decided by the Kansas City Court of Appeals, as shown by its opinion reported Mo.App., at 365 S.W.2d 761. This Court sustained an application for transfer.

Plaintiff-appellant issued to Edward Leon Underwood an “Automobile Policy” which contained provisions for indemnity of $5,-000 for death by accident, as more particularly specified. He died on February 17, 1960, and claim was made for such indemnity. Thereupon the insurer filed a declaratory judgment suit and Mrs. Underwood, as beneficiary, filed a counterclaim for the proceeds of…