Massachusetts Mutual Life Insurance v. Brei

WATERMAN, Circuit Judge.

This is an action brought by the Massachusetts Mutual Life Insurance Com-pan for a declaratory judgment determining the rights of the parties under the provisions of two life insurance policies. The insurer disclaims liability on the ground that the decedent-insured committed suicide. The beneficiaries under the policies, defendants below, contend that the insured’s death resulted from injuries accidentally sustained as a result of a gunshot wound. The jurisdiction of the court below was founded upon a diversity of citizenship, and is not here contested.

From a judgment…