New York Life Ins. v. Sparkman

HUTCHESON, Circuit Judge.

Suing upon the double indemnity provision of a life insurance policy, plaintiff claimed that the death of the insured had resulted directly and independently of all other causes, from bodily injury effected solely through external, violent and accidental means. The defendant denied this.

There were no eye witnesses to the shooting, but the evidence, which was entirely circumstantial, established beyond question that the sole cause of the insured’s death was a self-inflicted pistol shot wound.

At the conclusion of the evidence, though both plaintiff and defendant moved…