Legal Opinion · Dissent

Anna M. McKeever v. The Prudential Insurance Company of America, a Corporation

Court of Appeals for the D.C. Circuit

Decided April 2, 1953No. 11442Published

1DissentFahy, Circuit Judge

The evidence though meager leaves the basic facts in no doubt. The insured intervened to protect his stepdaughter from an attack by her husband. The insured and the husband scuffled. The husband struck the insured with his fists and knocked him down. He never arose and died almost instantly. The opinion of the court below, adopted by this court, in assuming that the death was accidental leaves only the question whether it comes within the *60coverage provisions which require double indemnity to be paid when such accidental death occurs • • '

“ * * * as a result, directly and independently of all…

2Cases cited22 opinions

  1. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
  4. National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
  5. Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903

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