Commonwealth Life Ins. Co. v. Miles

This is an action brought by Anna Miles, executrix of the estate of Roy H. Miles, deceased, hereinafter called insured, to recover on an insurance policy issued to insured, said policy being for the principal sum of $1,000 issued by the defendant, the Commonwealth Life Insurance Company. The cause was tried to the court without the intervention of a jury. Judgment- was for the plaintiff for $1,-000, and the defendant appeals. The parties will be referred to by their trial court designation.

On the 25th day of October, 1940, insured, accompanied by plaintiff, entered a filling station in…