Bankers Life & Casualty Co. v. Jenkins

OPINION

HARBISON, Justice.

In this action the beneficiary of a travel accident insurance policy, Mrs. J. D. Jenkins, seeks to recover for the death of her husband, the named insured. The case was tried without a jury. The trial court gave judgment for the beneficiary, but the Court of Appeals reversed and remanded for a new trial.

Mr. Jenkins, the insured, was killed while operating a pick-up truck furnished to him by his employer, en route to his home on the night of Sunday, September 23, 1973. He had telephoned his wife from his place of employment shortly before the accident, but no witness…