Metropolitan Life Ins. v. Bukaty

PHILLIPS, Circuit Judge.

This is an action brought by Mary Bukaty on a policy of accident insurance issued to Mike Bukaty, her husband, on April 4, 1924, by the Metropolitan Life Insurance Company. The policy provided indemnity for loss of life “caused directly and independently of all other causes by violent and accidental means.” It expressly' excluded from the coverage “accident, injury, disability, death or other loss caused wholly or partly by disease or bodily in$rmity.” It named Mary Bukaty as the beneficiary to whom indemnity for loss of life should be paid.

The amended petition set up…