Prudential Insurance Co. of America v. Gatewood

HOLLINGSWORTH, Justice.

This appeal presents an issue between two rival claimants to the proceeds of two policies of insurance issued by the Prudential Insurance Company of America on the life of John J. Gatewood, who, on September 23, 1956, died of accidental asphyxiation. The face of each of the policies was for $5,000, but each carried a provision that if death occurred by accidental means an additional benefit of $5,000 would be paid to the beneficiary therein named. Each policy also invested the insured with the privilege of changing the named beneficiary.

The insurer conceded the…