Herbst v. J.C. Penney Insurance Co.

PREWITT, Chief Judge.

At dispute is whether plaintiff should receive accidental death benefits because of the death of her father under an insurance policy issued by defendant. The trial court awarded her ten thousand dollars which the policy provided that defendant was to pay upon his death, but she was denied recovery of an additional thirty thousand dollars payable if “the Insured’s death re-*382suited directly and independently of all other causes from accidental bodily injury”.

Plaintiff’s father, Don Barkley, was shot and killed by his wife, Mary Beth Barkley. Mrs. Barkley said she shot him…