Tate v. Metropolitan Life Insurance

Opinion by

Hibt, J.,

Plaintiff’s husband made a felonious assault upon her and, in the course of.the scuffle, he was killed by the discharge of a gun. She was the beneficiary under an industrial insurance policy on his life, issued by defendant. Following his death, though claiming double indemnity,, she was paid only the face amount of the policy. This action was brought to recover additional benefits of like amount. Her right to recover depends not only upon evidence that the shooting was accidental but also on proof that the policy as written had attached to it a rider modifying the…