Prudential Life Insurance v. Overby's Adm'x

Opinion of the Court by

Judge Richardson

Reversing.

The Prudential Life Insurance Company of America, for a stipulated paid premium, issued to William T. Overby a policy by which it agreed to pay his estate $265 on proof of his death; “if his death resulted through external, violent and accidental means,” the further sum of $265.

On the 29th d&y of March, 1930, while the policy was in effect, Overby, was domiciled in the city of Henderson, Ky., where he was shot and killed with a pistol discharged into his body by another. The company, on proof of his death, paid $265 but refused to pay the…