DeWitt v. John Hancock Mutual Life Insurance Co.

The plaintiff appeals from the trial court’s judgment upholding the defendant’s refusal to pay an accidental death benefit payable under a life insurance policy issued by the defendant. The only issue properly before us on appeal involves the meaning of the word “assault,” as used in a policy exclusion clause.

The insured died when his car collided with another car as he was being chased at high speed by the police. The defendant paid the basic death benefit of $3822 *592but refused to pay the additional sum of $7644, the accidental death benefit. The term “accidental death” is defined in the…