Brooks v. Provident Life & Accident Co.

ATWELL, District Judge.

Walter B. Brooks, deceased, was a railroad engineer and had two accident policies, one in No. 423, and one in No. 429. Each contained a double indemnity provision. The Provident policy provided such benefit, “if such injury causing the loss, shall be sustained -by the insured by the burning of a completed building.” The Locomotive policy provided double indemnity, “if the injury causing the loss occurs in consequence of the burning of the building.”

*950The deceased was a locomotive engineer. He returned to Denison from his run, about two o’clock each morning. In order to…