Police & Firemen's Ins. Ass'n v. Mullins

SIMPSON, Justice.

The action was on a fraternal benefit insurance policy for the accidental death of insured, Chester L. Mullins, a former police captain of the Birmingham Police Department, caused by monoxide poisoning. The policy provided for payment to the beneficiary, his wife, of $250 for death due from natural causes or $2,500 for accidental death as defined in the policy and the by-laws of the defendant company.

The defendant offered to pay the $250 as for death due to natural causes but refused to pay the increased amount for accidental •death. Plaintiff declined this offer and brought…