Mutual Life Insurance v. Distretti

Mr. 'Chibe Justice Green

delivered the opinion of the Court.

Louis Distretti was held up and robbed in his store near Memphis and later killed by armed bandits on December 4, 1926. He had two policies of insurance on his life, written by defendant company, aggregating $5000. These policies provided for double indemnity “upon receipt of due proof that such death resulted from bodily injury effected solely through external violent and accidental means and occurred within ninety days after such injury.” The defendant admitted liability for the face of the policies and tendered that sum. It denied…