Roach v. PYRAMID LIFE INSURANCE COMPANY

The appellant presents two questions for our consideration and determination. (1) Did the court below commit error in refusing to sustain the defendant’s motion for judgment as of nonsuit, interposed at the conclusion of plaintiff’s evidence and renewed at the close of all the evidence? (2) Did the court err in giving peremptory instruction to the jury?

Whether the court erred in refusing to grant the defendant’s motion for judgment as of nonsuit depends upon whether or not the insured’s death was the result of an accident covered by the terms of the policy and insured against.

The undisputed…