Home State Life Ins. Co. v. Russell

The question presented by this appeal is whether a beneficiary of life insurance may enforce payment thereof where the insured has come to his death while committing a felony, the policy containing no express provision either excepting or including such cause of death.

The defendant insurance company issued its policy on the life of Rufus Russell, naming plaintiff as beneficiary. About a month later Rufus Russell was killed by two peace officers while committing the crime of robbery. Beneficiary made due proof of death and was refused payment. The policy’s general provisions were silent as to…