Whiteside v. New York Life Insurance

This appeal raises a single question. Does the double indemnity provision of a life insurance policy issued by defendant, New York Life Insurance Company, apply to the death of the insured, Thomas Edward White-side, resulting from a self-injected overdose of methedrine and morphine?

In an extensive and well-reasoned memorandum decision, the trial court ruled that the double indemnity provi sion did not apply, and the action seeking to recover the benefit was dismissed. We agree.

The issue was brought before the trial court by concurrent motions for summary judgment. The following material facts…